Offered suitable position during redundancy notice period?

sangie595

no1catman wrote: »

Re: post No 5 - maybe, hard to say.
It was ten years ago when I went through redundancy. They, tried to get away with four weeks PILON, corrected them to twelve - which pleased a few of my colleagues with long service.
And, my Employment Law maybe a bit out of date regarding case history, and any new rulings, studied that about twenty years ago!

What you have described appears to be what happened to you. Even 20 years ago, it didn't accurately describe the law. These things could happen in an entirely different order, the employer may not offer relocation, and there has never been a requirement to pay PILON. Most employers serve redundancy notices immediately after the consultation period, and any potential suitable alternatives are made available during the notice period, which softens the process you have described.

Mrs_Optimist

So for arguments sake I get written confirmation that my role is redundant and I'm put on 12 weeks notice, I could get offered another job with a new firm, serve counter-Notice and leave with my redundancy payment - unless I was offered a suitable alternative during the notice period?

What if I was offered a suitable alternative after I served counter-notice? I'm not so bothered about being made redundant but would be bothered not to receive a redundancy payment.

And my notice is 12 weeks, would I have to work those 12 weeks if I got another job, if my current employer were happy to let me go earlier and still keep my redundancy payment ?

getmore4less

There are strict rules for counternotice worth reading up on plenty of pages on the web on how to interpret the law(read plenty they are different)

I will just summarize some of the rules.

The most critical bit is the statutory notice period, you have to be within that to serve counternotice.

if you have been there for 12years+ then 12 weeks will be statutory anyway if not you need to work out timings based on statutory notice.

(I have read a different interpretation that says contractual notice applies)

counternotice effectively trumps the employers ability to offer an alternative or withdraw(that can happen as well) in that they need to have a reasonable reason to refuse the redundancy.

the employer can counter this employee notice.

the relevant section of the law is 136(3)
http://www.legislation.gov.uk/ukpga/1996/18/section/136
and
http://www.legislation.gov.uk/ukpga/1996/18/section/142