Being made Redundant but leaving early

Stephen90

Hi there,

The store I work at is being closed on the 17th January and we will be working until the 20th January to clear the store. We have been told we are being paid until the 27th January.
I had a holiday booked from 8th-21st January but told my manager I would probably work it as I was told at my consultation I would receive any outstanding holiday/lieu time as well as my redundancy money so I would be better off working those two weeks.

I was offered a job just before Christmas and informed my manager who contacted HR about it with my start date being the 9th January. I have spoken to HR and my area manager who said that I am not entitled to my redundancy pay as I am leaving early although it says in the redundancy policy that with the employers discretion you can have early redundancy and my manager said it was fine for me to leave early as I had 2 weeks holiday booked and could use that.

But my area manager said that I cannot take my holiday now as I am starting a new job. I also asked my area manager about early redundancy but she said i'm not agreeing that.
I have spoken to Payroll who have said if I leave on the 7th January I am entitled to 34 hours holiday which is a week and 4 hours but why am I not getting all of my holiday? I have my final consultation on Wednesday but from what my area manager has said I will only receive 34 hours, although I have 61 hours holiday and 14 hours time in lieu outstanding. Any advice would be great! Thanks!

getmore4less

Holidays will be prorata of the full years allowance depending on the holiday year.

The company does not have to pay redundancy if you resigned and will be leaving early.

If you were on notice of termination due to redundancy and within the statutory notice period you could have issued counter notice to secure the redundancy

how long have you worked there?
have you given notice or just asked what happens if you leave early?

Stephen90

I have been there for 3 and a half years. Yes they know I am leaving on the 7th. I have read about counter notice and am annoyed that HR didn't advise me to do this but like I said I did mention about early redundancy and they said I can't have it as I am leaving before the 27th January.

getmore4less

it is not HR job to tell you how to cost the company money.

Stephen90

At the end of the day I should have been told when I queried the early redundancy that I would have to apply for it and that was not stated to me at all, I was just told that I wasn't allowed early redundancy.

Takeaway_Addict

Stephen90 wrote: »

At the end of the day I should have been told when I queried the early redundancy that I would have to apply for it and that was not stated to me at all, I was just told that I wasn't allowed early redundancy.

Why would HR who work for the company and their interests, not yours tell you as is pointed out above something that will cost their company money?

You are responsible for knowing employment law yourself, presumably you've had plenty of time to read up on redundancy and counter notice crops up alot!

Stephen90

Counter notice doesn't crop up a lot at all. I've only seen it in a couple of articles. And like I said, I have given them notice by specifying an earlier date, they have kept me in the dark about what's going on.

lincroft1710

Redundancy payments are supposed to provide a little financial support until you find employment. You have already found employment and you are leaving before your current position is actually redundant.

So you are not entitled to any redundancy payment, because at the date of you leaving the company, your job had not yet become redundant.

HR have no legal obligation to advise you how to "work the system".

Be grateful you have a new job to go to and a continuity of employment.

getmore4less

Counter notice may not have been possible if you resigned too early.

You had to give notice within 3 weeks of the termination date to count as counter notice.

so depending on the actual termination date(20/27) that could have been 31st dec or as late as 7th jan

When did you resign?

Stephen90

I spoke to my area manager and hr advisor on the 22nd December but I haven't officially resigned. They do know that my official last week is this week though.

getmore4less

if they know you told them you expect to leave on the 7th then you have resigned.

Is there anything in the contracts that say it must be in writing?

When is the official termination date?

ie. is it the 20th with PILON for the following week or the 27th with garden leave?