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james bruce
james bruce, Solicitor-Advocate
Category: Employment Law
Satisfied Customers: 7214
Experience:  Owner at James Bruce Solicitors
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I have question regarding redundancy process. I have been

Customer Question

Hi - I have question regarding redundancy process. I have been sent letter for being at risk and consultation has started . My question is that if I resign during consultation process and redundancy process is not completed. Is there a way i can ask for redundancy payment
Submitted: 14 days ago.
Category: Employment Law
Expert:  james bruce replied 14 days ago.
Hello, I hope you are well. My name is***** am a solicitor advocate and  I will be assisting you with your question today. I am very sorry to hear of the problem you are experiencing and I will do my best to help you with this matter.
Expert:  james bruce replied 14 days ago.

If you resign as an employee during the consultation period, then your resignation would be treated as a simple resignation like at any other time, you would not be entitled to ask for redundancy payment, as you would not be being made redundant, you would have resigned.

In fact by resigning you would be saving the employer possible redundancy payment.

Expert:  james bruce replied 14 days ago.

Can I assist or clarify anything further?

Customer: replied 14 days ago.
I have found a new job whilst my current employer started the redundancy consultations - If I resign, as per your answer I am not able to claim redundancy payment - is this correct understanding ?
Customer: replied 14 days ago.
Thank you for your response. I got the answer
Expert:  james bruce replied 14 days ago.

Yes that is correct, if you resign then you are not being made redundant so NO redundancy pay.

Expert:  james bruce replied 14 days ago.

Thank you for using Just Answer and for allowing me to assist you with your legal enquiry. I am pleased I was able to be of assistance. Please do not hesitate to come back to me for further advice on this or any other legal matter. It will be my pleasure to be able to assist you again.