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I have been with my employer less than one year and have been told my role is 'at risk', but that I am not on...

I have been with my...
I have been with my employer less than one year and have been told my role is 'at risk', but that I am not on official notice of redundancy. I do not wish to stay with the company so can I resign as normal with 3 months notice and be paid for the 3 months ( either on gardening leave or as an employee) or can they try and invoke the redundancy payment which is significantly less?
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Answered in 33 minutes by:
6/13/2014
Ben Jones
Ben Jones, UK Lawyer
Category: UK Employment Law
Satisfied Customers: 50,920
Experience: Qualified Employment Solicitor
Verified

Ben Jones : Hello, my name is ***** ***** it is my pleasure to assist you with your question today. What notice do you have to give to resign and what notice do they have to give to dismiss?
Customer: Hi Ben. Notice is 3 months from either sideas I am now out of my probation period. Redundancy is 4 weeks pay
Ben Jones :

When you are made redundant you are entitled to your contractual notice period and to a redundancy payment on top of that. It is not a matter of either the redundancy payment or the notice period. However, usually you are not entitled to a redundancy payment anyway unless you have at least 2 years' service with the employer (at least the statutory redundancy payment is not payable until then, the employer could still decide to pay you their own redundancy even if you do not have 2 years' service but that is up to them). Whatever the case, the position is the same - you get your notice period of 3 months regardless, and then you get any redundancy payment on top of that. So you are free to resign now and be allowed to work through your notice period or be paid in lieu for it.

Customer: Great, thank you.
Ben Jones :

You are welcome

Ben Jones
Ben Jones, UK Lawyer
Category: UK Employment Law
Satisfied Customers: 50,920
Experience: Qualified Employment Solicitor
Verified
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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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