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Our store is being closed and on the 3rd march we all were

Resolved Question:

Our store is being closed and on the 3rd march we all were given 90 day consultations, I have worked for the company for 12 years so they require me to work 3 months notice, if I find a job with a competitor in the meantime can I leave early without forfeiting my redundancy? or would I have to serve my notice.
Surely if they say no I have to serve notice its not in there intersest to pay me another 3 months salary on top of a large payout

please help
Submitted: 1 year ago.
Category: UK Employment Law
Expert:  Ben Jones replied 1 year ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to be able to assist with your question today. Please let me know if they have intimated that you need to serve your notice?

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to be able to assist with your question today.


An employee who has been given formal notice of redundancy may want to leave before their notice period expires, for example, because they have found a new job. In this case, the employee can give written counter-notice to their employer to terminate their employment on an earlier date. This is a right given under section 136(3), Employment Rights Act 1996.



For this request by the employee to be valid it must be submitted within a specific time:



  • If there is no contract of employment and no contractual notice period in place, the request must be made within the employee's statutory notice period (1 week for every full year of service) - for example if an employee with 4 years' service is made redundant and serve their statutory notice period of 4 weeks, the request must be made within that 4 week period after they are issued with their redundancy notice

  • If there is a contractual notice period which has been followed by the employer - within that notice period;


 


If the employee serves counter-notice as required above and the employer either accepts this notice or does nothing, the employee will be dismissed on the date specified in their counter-notice (in other words they will finish early as they had requested) and will still be entitled to receive a statutory redundancy payment.

However, if the employer refuses the employee's request, the employee will be entitled to apply to an employment tribunal for an "appropriate payment" (that being the whole of the redundancy payment the employee would have been entitled to, or part of it). In deciding whether to order such a payment, the tribunal will consider whether it was reasonable for the employee to receive a payment given both the reasons the employee had for wishing to leave their employment early and the reasons the employer had for requiring them to remain until the expiry of their notice period.

Customer: I simply want to
Customer: I simply want to lnow
Customer: If I have to give the full notice to get my redundancy or can I propose to leave earlier
Ben Jones :

put simply, yes you can, but it is not as simple as that which is why I had to give you a detailed answer above - there are things that will affect what happens if you try to do so and I suggest you re-read my advice above carefully

Ben Jones :

I would be grateful if you could please take a second to leave a positive rating - your question will not close and I can continue providing further advice if necessary. Thank you

Ben Jones, Solicitor
Satisfied Customers: 39029
Experience: Expert in UK Employment Law
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