Can anyone advise please?

Jarndyce

Lizzybop wrote: »

He has 3 months notice according to his contract and the notice period is due to start on Friday 4th November, so I guess it ends 3 months from then.

Is he intending to leave and start the new job during that notice period?

If so, then he would need to give counter-notice during his statutory (not contractual) notice period in order to be legally entitled to his redundancy payment. If he has only been there three years then this is only the last three weeks of his notice period. If the new employer is prepared to wait that long then another three weeks may not matter anyway.

If not, then he is fine, he just has to work his notice, but be prepared that the redundancy can be witrhdrawn and/or the employer find suitable alternative employment right up to his last day of service.

Lizzybop

He is planning to negociate his way out before the end of the 3 months notice, although the new employer are aware of the 3 month notice period and are happy to accommodate it or take him sooner. We do have this in writing from them.

This really is a minefield isn't it!

getmore4less

Lizzybop wrote: »

He is planning to negociate his way out before the end of the 3 months notice, although the new employer are aware of the 3 month notice period and are happy to accommodate it or take him sooner. We do have this in writing from them.

This really is a minefield isn't it!

how?

If they are the sort of place that tries not to pay they can just withdraw the notice if they think he has a job to go to.

How much will the accrued but unused holiday be?

For the sake of £1200 I would probably take the risk to start the new JOB ASAP.

Jarndyce

Lizzybop wrote: »

He is planning to negociate his way out before the end of the 3 months notice, although the new employer are aware of the 3 month notice period and are happy to accommodate it or take him sooner. We do have this in writing from them.

This really is a minefield isn't it!

Not really, it is quite clear.

If the employer lets him go by agreement then fine, but they are not obliged to, nor do they need to pay him any money at all beyond his salary and untaken holidays if he leaves before the last three weeks of his notice.

If they do not agree, then he has to remain at work until the last three weeks of his notice at which point he can serve counter notice and still claim his redundancy, providing the employer hasn't found him an alternative job by then.

Lizzybop

Thank you for your responses, I think I have a bit more of an understanding now.

Things will be a little clearer after he has his final meeting with HR tomorrow.

Really appreciate the time taken to respond to our queries.