New job offered before redundancy, can I still get my redundancy money?

lynnexxxo

Hi

I'm after some advice. It was announced 15 months ago that my OHs work would be closing and that they would all be made redundant. At the time it was announced that the plant would close by early 2011 with some redundancies before that. Now the plant is still closing but the date keeps getting put back and he has not been issued with a termination date. However he has found a new job that wants him to start asap. Is there any way he can leave and still get his redundancy money.

It has been suggested that instead of resigning he issues them with a counter notice of redundancy and if the don't accept it then he could possibly take them to a tribunal. Does anyone have any advice?

Thanks in advance

FakeIrish

I'm no expert but I thought a "counter notice of redundancy" only applies when redundancy notices have been issued, and it doesn't sound like it has in this instance.

And no I cannot think how he can leave and start a new job, and still expect a redundancy payment.

lynnexxxo

To be honest it just seems a little unfair to the employees that they know that they are being made redundant but are unable to try and find alternative employment.

-BA-

Isn't redundancy paid to compensate people for needing to lay them off and provide an income for a period of time whilst they look for new work? If your OH has already done that then I can't see why redundancy would be paid; he is effectively jumping before he gets pushed.

As someone facing redundancy at the moment, I am not trying to be judgemental here, just making an observation.

FakeIrish

I understand your plight, however redundancy is not a "right" and is a "compensation" for loss of employment. If your husband has secured another job without having a notice served, I cannot see why he would be entitled to any redundancy.

It seems you husband has a choice in continuing working and waiting for his redundancy, or jump ship now and forego any redundancy. However, as mentioned already, I am no expert except that I'm in a similar position.

lynnexxxo

Well he has written a counter letter of redundancy and submitted it. Possibly yes he is not entitled to it. We shall see. It would be lovely to get the money though at the end of the day he has got a decent new job which is the most important thing.

Gordon_Hose

If he's got a new job, then he doesn't need a redundancy payment.

A redundancy payment is there as compensation, to keep the receiver going until they find a new job.

I'm lucky as if I find employment before my leaving date, my employer will release me early with my payment. It's up to the company he works for I guess.

MrRedundant

Absolutely no right to anything. Could ask for them to do it but they may not; put off new job and hope it is still there or let the employer know he has another job and ask to be next on the list.

Either way its a risk.

Unless we are talking of a massive payment I'd take the guarenteed employment route and resign but resign as late as possible.

[Deleted User]

The best he can do is ask to take voluntary redundancy? If the Company is struggling they may accept?

Marine_life

Two questions:

1. How much is the redundancy?
2. How long would it take him to find a new job?

if the redundancy is a big chunk of cash then it may be worth sitting tight but probably it is unlikely to be worth the risk.

cazarol

lynnexxxo wrote: »

Well he has written a counter letter of redundancy and submitted it. Possibly yes he is not entitled to it. We shall see. It would be lovely to get the money though at the end of the day he has got a decent new job which is the most important thing.

Just wondering how he got on and what the employers response was?