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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 78231
Experience:  Qualified Employment Solicitor
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I have been made redundant and appealed. the outcome of the

Customer Question

I have been made redundant and appealed. the outcome of the appeal is to extend my notice period by one month as the panel felt i should have the opportunity to apply for a new vacancy that is about to be advertised however there is no guarantee i will get the job as it is a competitive process. My job ends on 28th June, so this decision is very late in the process and I have applied for other jobs and have had an offer. If I refuse the one month extension will this affect my redundancy pay?
Submitted: 14 days ago.
Category: Employment Law
Expert:  Ben Jones replied 14 days ago.
Hello, I’m Ben, an employment solicitor, and it’s my pleasure to assist you. I may ask for some information first to determine the legal position.
Customer: replied 14 days ago.
Expert:  Ben Jones replied 14 days ago.

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?

Customer: replied 14 days ago.
3 years 9 months
Expert:  Ben Jones replied 14 days ago.

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

Customer: replied 14 days ago.
Wednesday 15 June
Expert:  Ben Jones replied 14 days ago.

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.

Expert:  Ben Jones replied 14 days ago.

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.

Expert:  Ben Jones replied 14 days ago.

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".

Expert:  Ben Jones replied 14 days ago.

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.

Expert:  Ben Jones replied 14 days ago.

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.

Customer: replied 14 days ago.
Sorry I am a bit confused. I was given notice of redundancy and following my appeal my employer extended my notice period. I have want to know if I can disagree with there decision and leave on 28 June which is the date in my termination letter
Expert:  Ben Jones replied 14 days ago.

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.

Expert:  Ben Jones replied 13 days ago.

I trust that everything has now been dealt with to your satisfaction and your original question has been resolved. If you have any further queries about it, please do not hesitate to get back to me on here. In the meantime, I wish you all the best.