Redundancy payment!!!

icclebug

Hi all,

Unfortunately I am facing my 3rd redundancy notice in the last 15months. Every time so far I have been saved at the last minute, but this time I think it will happen.

At the moment I am to leave my employment on the 28th May, as I have now served over 2 years I have been told by my employer that I am entitled to a redundancy payment.

My question is, if I leave before the redundancy date, i.e. if I find alternative employment, then will I still be entitled to the redundancy payment??

I have checked my contract and there is no mention of this at all, other than to outline the procedures.

Any help would be really appreciated.

Best wishes,

Richard

getmore4less

Once you have your notice of termination due to redeundancy you can consider negotiating early release. Usualy this is something you should discuss durring consultation to at least get an idea what the employer preference is.

Many employers will just pay up and let you go with PILON, if an handover is complete or the job can be terminated early.

Some may pay redundancy but negotiate to not pay all the notice.

Some just say No

If you counter notice(resign) then the redundancy does not have to be paid, allthough you can request this through an ET.

If your own notice is going to take you over/close to the date anyway just try to negotiate with the employer.

icclebug

Thank you for this, all makes sense.

:)

markandkate

You are entitled to notice of one week for each year you have beenemployed. In your case you are entiteld to two weeks notice. This is a statutory right and while you are in your statutory notice period you are entitled to receive your redundancy payment ( but not pay in lieu of notice) So in your case you can leave any time during your two weeks notice period and still get your redundancy payment but not outside this time

anamenottaken

markandkate wrote: »

You are entitled to notice of one week for each year you have beenemployed. In your case you are entiteld to two weeks notice. This is a statutory right and while you are in your statutory notice period you are entitled to receive your redundancy payment ( but not pay in lieu of notice) So in your case you can leave any time during your two weeks notice period and still get your redundancy payment but not outside this time

Statutory notice is a minimum. Contractually the OP may be required to give/receive more than two weeks.

getmore4less

markandkate wrote: »

You are entitled to notice of one week for each year you have beenemployed. In your case you are entiteld to two weeks notice. This is a statutory right and while you are in your statutory notice period you are entitled to receive your redundancy payment ( but not pay in lieu of notice) So in your case you can leave any time during your two weeks notice period and still get your redundancy payment but not outside this time

Do you have a link to the relevent legislation that states this?

kazmeister

either of these pages might help

http://www.adviceguide.org.uk/index/your_money/employment/basic_rights_at_work.htm#notice_of_dismissal

http://www.worksmart.org.uk/rights/redundancy

markandkate

From Directgov website





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.

getmore4less

I ask for a reference that you are entitled to redundancy if you leave early because I think the following applies

If you leave before the notice(without agreement) the employer does not have to pay redundancy.
An ET may award payments.

Unless this legistation has been updated.(section 142) by future amendments.

http://www.opsi.gov.uk/acts/acts1996/ukpga_19960018_en_14#pt11-ch2-pb2-l1g142