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Ben Jones
Ben Jones, Solicitor
Category: UK Employment Law
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Experience:  Expert in UK Employment Law
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I currently have a 3 month notice period in my work contract

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I currently have a 3 month notice period in my work contract (in England) and have been having some honest conversations with my boss - that in a restructure nearly a year ago I was given a role I did not want and there are no roles in the company that I want to do. They are now hiring new staff (more senior and a junior) and will be having a restructure and it was made known to me my role was to be made redundant.

Both me and my boss agreed the best thing was for me to look for a job elsewhere, so I have been having interviews elsewhere and kept my boss in the loop, although unfortunately none of these progressed. So I have now been given a letter saying the role I do is not where I want to go and so this needs to be formalised as my exit is confirmed.

It then goes on to state the date my employment will cease (in just over 3 months) and says this is on the basis of 'our mutual agreement', mentioning this period incorporates my entitlement to 3 months notice.

They have now asked to confirm that I am happy with this note by email, but I have some reservations and queries:
1) Do I have to accept this, or can I reject this? Am I allowed to ask to negotiate this, as remuneration or pay is not mentioned at all in the letter?
2) Assume as I am in my Mid 30s and have worked at that place for 2 years, all I am entitled to is statutory (limited to £450 for 2 weeks, as my weekly pay is over this)
3) Privately my boss has said what she is able to do if I agree is to it is to lessen the period I have to work to help find a new role
4) My ideal letter / offer would be one to say here is my end date and if I stay until the end date I get some redundancy (assume statutory, so not much), but if I find a job I am allowed to go earlier, hence saving them on redundancy. Would I be able to negotiate the redundancy as being a month or more? Assume statutory is all I am allowed given I am working the 3 months and I would not be entitled to say the 3 month pay?
5) Is it worth progressing this with a Solicitor in person, or is this a very straightforward case and hence I should just try and negotiate my ideal situation above?
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 assist you with your question today. What is the official reason used to terminate our employment?
Customer: Thanks is it possible to upload a scanned letter to this website? In informal discussions with my boss, it is because the role I am in will no longer exist going forward, plus in discussions with my boss I have said that this is a role I did not want in a restructure and given to to me. In the letter received from the company, they mention it is because I was offered the role in a restructure that I did not want and it is not where my career aspirations lie so the company "now need to formalise this and confirm your exit date". They then confirm my exit date. Recent appraisal was relatively positive too.
Ben Jones : yes you can do - you may use the upload icon, it should be a paperclip around the area where you would usually type up your answer
Customer: Sorry - I cannot see an upload icon, so instead I will type the letter.
Customer: Dated 20th May 2013 (not on headed paper, but signed by my Boss and address to my home address).
Customer: "Dear XXXX", over the last 2-3 months we have had a number of discussions about the requirements of the role of XXXX. Your openess and honesty during these meetings has helped us to reach a conclusion that I think Suits both of us.
Customer: I understand that at the time of re-structure when you were offered this position you said that this was not a role that you wanted, but you were happy to remain with the business to see us though this transition period. Subsequently we have both agreed that this is not where your career aspirations lie and does not play to your strengths. We now need to formalise this and confirm your exit date.
Customer: The letter confirms that your employment with XXXX will cease on 31st August 2013 on the basis of our mutual agreement. This period incorporates your entitlement to 3 months' notice.
Customer: I take this opportunity to thank you for your contribution during the transition period. If I can assist you in any way with your job search please do not hesitate to ask me. I have enjoyed working with you and wish you every success with your studies and future career.
Customer: If you have any questions regarding this please do not hesitate to discuss them with me"
Customer: signed by my boss
Customer: In discussion, that have asked if I could reply back with confirmation this is OK and I agree to this letter, plus raise any questions or concerns I have.
Customer: Would I also potentially be able to ask if I could get 3 months salary when I do leave, even though I have worked my 3 months notice (probably my ideal situation)
Expert:  Ben Jones replied 1 year ago.
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Expert:  Ben Jones replied 1 year ago.
Thank you - to answer your questions:

1) Do I have to accept this, or can I reject this? Am I allowed to ask to negotiate this, as remuneration or pay is not mentioned at all in the letter?

You do not have to accept this. Whilst they state that this is done following a 'mutual agreement', it does appear to be one-sided and so far you have just raised your concerns about continuing in this role, rather than agreeing that you definitely wish to leave on a specific date.

2) Assume as I am in my Mid 30s and have worked at that place for 2 years, all I am entitled to is statutory (limited to £450 for 2 weeks, as my weekly pay is over this)

If you are referring to redundancy, then unless your contract allows for an enhanced redundancy package, you would only be entitled to the statutory minimum of up to £450 for every full year you have worked there.

3) Privately my boss has said what she is able to do if I agree is to it is to lessen the period I have to work to help find a new role

You may certainly negotiate to do this but ensure that you are paid in lieu of notice for the full notice period of 3 months

4) My ideal letter / offer would be one to say here is my end date and if I stay until the end date I get some redundancy (assume statutory, so not much), but if I find a job I am allowed to go earlier, hence saving them on redundancy. Would I be able to negotiate the redundancy as being a month or more? Assume statutory is all I am allowed given I am working the 3 months and I would not be entitled to say the 3 month pay?

You should still push to be paid in lieu of notice for the full 3 month notice period and also get redundancy on top (the statutory that you are entitled to). However if you are serving your notice period and wish to leave earlier due to a new job, legally you can only push for pay up to your actual leaving date and the redundancy

5) Is it worth progressing this with a Solicitor in person, or is this a very straightforward case and hence I should just try and negotiate my ideal situation above?

If you involve a solicitor, who are not cheap, you could end up paying a large proportion of what you would receive on legal fees so you are better off dealing with this yourself as it does not appear to be an overly complex matter

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: 38301
Experience: Expert in UK Employment Law
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