Offered a new job within redundancy notice period

bailey59

Hello,

I was given 3 months redundancy notice on the 26th Feb, yesterday I was offered a new job but they want me to start on the 27th April. If my current employer agrees that I can leave early am I still entitled to my redundancy package or dont they have to pay me anything?

Thanks

Pete111

Yes, they should still pay you.

You have found a new job after being notified of your role becoming redundant and (assumedly) being asked to work your notice period or going on garden leave.

Unless this job was found within your current company then they are still making you redundant and the redundancy pay still applies. This is merely a question of negotiating your notice period. having been forced to seek a new role due to the redundancy

P

bailey59

Thank you, one of the partners has said that if I leave for another job then they wont have to pay me so thats reassuring to know.

Pete111

Just to check - they have confirmed your employment is terminating due to redundancy right? (and given you a date for this?)

Please note that technically they can hold you to your notice period (though this is likely to be churlish in the extreme) however and ignoring this may cause problems as below:

Starting a new job before your notice has expired

If your new job starts before your redundancy notice expires, try to negotiate with your employer for early release without losing your redundancy pay. Employers are often happy to make these arrangements.
If your employer doesn't agree to let you go early you should give them 'a written counter notice' stating when you would like to finish. Your employer should write back to you and say whether or not you can leave early.
If you leave early without your employer's permission you run the risk of losing some or all of your redundancy pay. Normally this only becomes an issue if your employer has given you a longer redundancy notice period than the statutory minimum.

bailey59

My contract states 90 days redundancy notice so they gave me 3 months wriiten redundancy notice on the 26th Feb so I finish here on the 26th May. The business is closing so thats why I'm being made redundant.

I have just been told by the other 2 partners that they think I will be okay to leave on the 27th April and that they will pay me my redundancy, its just one of the partners trying to get out of paying me (so much for valued employee) however the funds for my redundany package might not be available then. What do I do about that?

Pete111

ok thats good.

Be careful on the funds issue however. It would be wise to get confirmation in writing to ensure there are no misunderstandings in relation to :

a) your agreed leave date
b) the fact that they will honour your redundancy pay
c) the full amount payable (+ the tax situation relating to this - up to 30k can be paid tax free)
d) the agreed payment date (especially if this is to be after you have left)

Make sure you get this in at least an email from one or preferably several of the partners - if you want to enure they do this, draft a confirmation email or letter yourself and ask them to reply or sign that it is correct and agreed.

P

bailey59

Thanks very much, I will do that.