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UK Employment Law

I am a civil servant who has accepted a redundancy package

Customer Question
Hi there, I am a civil...
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: 1 year ago.Category: UK Employment Law
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3/18/2016
Solicitor: Jo C., Barrister replied 1 year ago
Jo C.
Jo C., Barrister
Category: UK Employment Law
Satisfied Customers: 70,653
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Solicitor: Ben Jones, UK Lawyer replied 1 year ago
Ben Jones
Ben Jones, UK Lawyer
Category: UK Employment Law
Satisfied Customers: 48,556
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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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

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Solicitor: Ben Jones, UK Lawyer replied 1 year 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

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Solicitor: Ben Jones, UK Lawyer replied 1 year ago
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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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