withdrawal of redundancy notice after error?

mat5664

I am being made redundant later this year.

As I have been with the business less than 5 years, I should receive my formal notice in September.

HR seem to have made an error and have issued it to me now - 5 months ahead - which would only apply to people who have been here a lot longer. They were processing so many redundancies, I guess they just made an error with mine.

My understanding is that Notice of Redundancy is a legally binding document and cannot be withdrawn unless either I agree or I am offered an alternative position (which is not going to happen).

I would rather have the notice now for various reasons. Does anyone know if HR can withdraw the Formal Notice without my agreement as a result of issuing it too early? HR are going to call me on Monday to talk through 'what happens next' - so it would be good to know my position.

princessdon

It can change and errors can and do happen. Eg if they missed a digit off your redundancy pay you wouldn't be happy if they said it's legally binding so we don't owe you your entitlement.

But is this something they are likely to notice and what difference will it make? Ie if you are paid up until September/October then regardless of giving you notice now/in Sept you are sill being paid until the set date, so makes no difference or are you saying this is PILON?

mat5664

I'm hopeful of finding a new job earlier so if I get the notice now I can submit counter notice - which might well be approved - as the workload is going to reduce in the summer.

Not a huge deal, but I'd rather have the notice now.

princessdon

oh I see - you wish to leave earlier than September and get redundancy. Technically that is possible I guess - Is there anything in your written document that has the end date of October and is your stat notice period clearly stated in the letter?

If it is worded that your period of Stat notice started on 25th April and your employment will end at the end of this period - then you may be OK. Sorry without the exact wording I can't really say and others will be far more knowledgeable in this area to assist.

mat5664

notice starts 1 May and ends 31 October.

Specifically says they will consider earlier leaving (with redundancy) on a case by case basis depending on business requirements.

getmore4less

BE very carefull if you plan to use counternotice.

Notice can be longer than statutory or contractual so they can issue it at any time with an end date later in the year

Redundancy notice can be withdrawn at any time they do not have to give to you another job, they can just say you have your old job your aggreement is not required.

You can only issue counternotice(that will stick) within your statutory notice period.