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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 74417
Experience:  Qualified Employment Solicitor
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I've just tried called ACAS sadly my role at work is now at

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Hi Pearl, I've just tried called ACAS sadly my role at work is now at risk of redundancy. I recieved a letter via email from my current emplyer dated June 3. They said by Aug 1st is when my finish date will be.
JA: Have you discussed this with a manager or HR? Or with a lawyer?
Customer: My manager phoned me on Tuesday saying that I am now at risk she explanined due covid 19 and fall in work they have made more people redundant. I will have 2 one to ones to disgust their propsals. Next week I have interview for new job. They are looking at immediate starts. If they offer me job ask me start say either middle or end of June . Will I risk not getting my redundancy pay? Looking on ACAS websire they say that any early release would have be conformed by my current employer also I have been on furlough since April 1st.
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: Am empoyee
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Also, not too happy with how they have scored me regarding my performance, Attitude, and skill they total I could get was 80 they scored me 30.

Hello, I’m Ben, a UK lawyer and will be dealing with your case today. I may also need to ask some questions to determine the legal position.

How long have you worked for this employer?

Customer: replied 1 year ago.
I started there on Feb 23rd 2015 over 5 years

Thank you. Leave it with me for now, although please note it is extremely busy at present due to the ongoing situation so there may be a delay in replying, but I will get back to you at some point today. Please do not reply in the meantime. Many thanks

Customer: replied 1 year ago.
Is okay continue to type the questions

Many thanks for your patience. An employee who has been issued with formal notice of redundancy may want to leave before their notice period expires, for example, because they have found a new job. In this case, the employee can give a written 'counter-notice' to their employer to terminate their employment on an earlier date. This is a right given under section 136(3) of the Employment Rights Act 1996.

For the counter-notice to be legally valid it must be submitted within a specific time period:

{C}· If there is no contract of employment and, in turn, no contractual notice period, the request must be submitted within the employee's statutory notice period (1 week for every full year of service) - for example if an employee with 4 years' service is made redundant and the employer issues them with their 4 week notice period, the request must be made within these 4 weeks

{C}· If there is a contractual notice period which has been issued by the employer - within that notice period;

If the employee serves their counter-notice correctly and the employer either accepts it or does nothing, the employee's employment will terminate on the date specified in the counter-notice. The employee's entitlement to their statutory redundancy payment will not be affected.

However, if the employer refuses the employee's counter-notice, the employee can apply to an employment tribunal for an "appropriate payment" (that being the whole of the redundancy payment the employee would have been entitled to, or part of it). In deciding whether to award such a payment, the tribunal will consider whether it was reasonable to do so in the circumstances, given both the reasons the employee had for wishing to leave early and the reasons the employer had for requiring them to remain in employment until the expiry of their notice period. For example, if the reason for the counter notice was to start a new job and mitigate the effects of redundancy and the current employer did not urgently require the employee to remain and work their notice period, it is a situation that will work in the employee's favour.

Does this answer your query?

Customer: replied 1 year ago.
Hi Ben, Many thanks that answers that question the other question I have is: The company have scored emplyee's on their performance from 0 to 30 they scoced me 20 also Atitutde they scored me at 0 in my one to one they will explain why they have done this. I dispute this what would you say best way for me rise my concerns about this. They scorted me 30 out of possible 80. Am not happy about that..

You can challenge and discuss the scores in any consultation meetings or by appealing with the employer.

Customer: replied 1 year ago.
Thanks Ben also if am offered new job, they give me start date and my current empolyer agrees to release me and pay me redundancy will I still have to go one to one meetings they 2 of them.

Not after your employment with them has terminated, but you may have to whilst employed by them

Customer: replied 1 year ago.
Many thanks for all your help Ben. I think you have answered all my questions. If I have anymore let you know.
Steven

You are most welcome

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