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Ben Jones
Ben Jones, UK Lawyer
Category: UK Employment Law
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Good afternoon I am expecting a notice of redundancy on the

Customer Question

Good afternoon I am expecting a notice of redundancy on the 17 th June 2013. Site is closing 16th august2013. I have worked for the company for 5 years. Once I have my notice of redundancy and I find a new job, if I leave before the 16th August will I lose my right to the redundancy pay? Many thanks
Submitted: 4 years ago.
Category: UK Employment Law
Expert:  Ben Jones replied 4 years ago.

Ben Jones : Hello, my name is Ben and it is my pleasure to assist you with your question today. What is the reason for you leaving earlier?
JACUSTOMER-fiilcfo3- : If I find a new job and there is a risk of them not holding the position open for me, then I would leave before the 16th August.
Expert:  Ben Jones replied 4 years ago.
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.

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