Employment Lawyers Can Answer Your Employment Law Questions
Hello, I’m Ben, a UK lawyer and will be dealing with your case today. Firstly, I need to ask some initial questions to determine the legal position.
How long have you worked there for?
When you say you want to take your redundancy, are you actually being paid any redundancy pay?
Ok well legally you would not be due any redundancy anyway as you need 2 years service for that which you do not yet have. Similarly, you are not protected against unfair dismissal until you reach that threshold so they could dismiss you anyway, even without a fair disciplinary procedure or proving the allegations are true. So rather limited rights overall.
The best option is really to approach the company to see if they are willing to just let you go and forego the disciplinary process, although you may have to bargain with them and offer to forfeit any rights to notice and redundancy. Failure to do so means they can still proceed with it and potentially dismiss you before the redundancy takes place and considering you cannot challenge the dismissal it means that it is a case of choosing the lesser of two evils.
I appreciate this may not be the answer you were hoping for but it is the legal position and I hope that it at least clarifies where you stand?
You can resign at ant time but would be expected to work your notice period. If you go off with stress they can still potentially proceed with the disciplinary, knowing they only have one chance and cannot postpone it further
Hello, I see you have read my response to your query. Could you please let me know if it has answered your original question? You can simply reply on here with a quick ‘Yes, thanks’ and I won’t bother you again. Thank you