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Ben Jones
Ben Jones, UK Lawyer
Category: UK Employment Law
Satisfied Customers: 45759
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I am a civil servant who has accepted a redundancy package

Customer Question

Hi there,
I am a civil servant who has accepted a redundancy package under a voluntary exit scheme.
My notice period is 3 calander months and the last day is 30 March 16.
I have been offered another job starting on 29/03/16.
I have annual leave to take and have taken 30 March off on annual leave to enable me to start my new job.
My HR Dept has now informed me that if I begin this job on 29 March 16 they will regard this as resignation on my part and I will loose my redundancy package.
Is this correct?
Thanks
Maurice Butler
Submitted: 11 months ago.
Category: UK Employment Law
Expert:  Jo C. replied 11 months ago.

How long were you there?

Expert:  Ben Jones replied 11 months ago.

Hello, an employee who has been issued with 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 a written 'counter-notice' to their employer to terminate their employment on an earlier date. This is a right given under section 136(3) of the Employment Rights Act 1996.

So you can actually give the employer counter-notice to terminate your employment early and still be entitled to redundancy.

This is your basic legal position. I have more detailed advice for you in terms of the mechanics of giving such notice and what you need to do for it to be valid, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there I no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you

Expert:  Ben Jones replied 11 months ago.

Hello, please let me know if this has answered your original question and if you need me to discuss the next steps in more detail In the meantime please take a second to leave a positive rating by selecting 3, 4 or 5 starts from the top of the page. The question will not close and I can continue with my advice as discussed. Thank you

Expert:  Ben Jones replied 11 months ago.

Hello, do you need any further assistance or are you happy with the above response? Look forward to hearing from you.