I have been made redundant and appealed. the outcome of the

I understand you are wanting to know whether your entitlement to redundancy pay will be effected if you choose to decline a one month extension your employer has agreed to. Can I just check how long you have worked there for?

Thank you, ***** ***** were you notified of the outcome of the appeal?

OK I understand and thank you for providing the information requested. Please do not worry and leave it with me for now. I will get back to you with my full reply on here; usually the same day and the system will notify you when this happens. Many thanks.

Many thanks for your patience, it is appreciated. I am now pleased to be able to provide further assistance with your query. First of all, I am sorry to hear about the issues brought up by this. It must be a frustrating situation to be going through.

Even if you did accept the extended notice period originally, there are ways for you to atill leave early and not affect your redundancy pay.

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 than the end of their official notice period. 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:

- 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, which is 1 week for every full year of service, up to a maximum of 12 weeks. For example, an employee with 4 years' service will have a 4-week statutory notice period, whereas one with 20 years’ service will only have 12 weeks as their statutory notice period

- If there is a contract and it contains a contractual notice period – the counter notice must be issued within that notice period.

The counter notice letter should take the following form:

- be dated and contain the employee’s name and address

- it should be headed ‘Redundancy Counter Notice’

- state the following: “I have been issued with an official redundancy dismissal date of (insert date). I have now been successful in finding another job and I would request that my contract is to end on (insert proposed leaving date). Please confirm that you accept this as my date of termination".

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. In that case, they will keep their entitlement to their statutory redundancy payment.

However, if the employer refuses the employee's counter-notice, the employee can apply to an Employment Tribunal for an "appropriate payment" (usually, all or part of the redundancy payment the employee would have been entitled to). In deciding whether to award such a payment, the Employment 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 and likely result in most, or all, of the appropriate payment being awarded.

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.

Hello again and thank you for your further queries, which I will be more than happy to answer. If you wanted to reject the extended notice period and leave on the 28th then you have to give the employer counter-notice as mentioned above.

So if you have a contractual notice period which has been served on you – the counter-notice must be submitted within that notice period.