Its been a long time since I've posted, I'm searching the web and thought I'd ask you lot for some help

Back in December, right before Christmas, my company announced they were making us all redundant and closing our office at the end of August.

There's no voluntary redundancy and they said if we leave early, we'll get nothing.

They're just about to serve our notice and our notice period will start on 1st July.

I've just secured a great job promotion with a nice little pay rise. They want me to start in early July but they're happy to wait to see if I can get an early exit date from my current job and to get some redundancy money. (bear in mind i've been with the company for a good 5 years)

I've heard and read that legally they do have to give me some kind of pay out as I wouldn't be leaving if I hadn't of been made redundant.

Another argument is I've continued to put as much effort into this job and worked out of hours for them still, whereas others haven't and take the p**s.

Has anyone else been in the same situation and reckon I could batter them for an early exit date (during the official notice period they serve me of course)

Cheers!

Also, I haven't handed in my notice yet, I'll be looking to do that when we get our notice letters in the next week.

I'll do that after!

I had a similar thing four years ago, and rather than work my notice I was given Pay In Lieu Of Notice.

However, as far as I'm aware, if you leave due to a better job (redundancy or otherwise) they don't have to pay you anything other than your normal salary during your notice period.

Regardless of effort, if they need to make you redundant, they will, along with the slackers. Loyalty counts for nothing these days, and if the business is out of money, they aren't going to pay you a goodwill sum for sticking with them if they haven't the money to keep staff on.

Depending on your notice period, you might be able to negotiate an early exit date, however I'm unsure as to how much of your notice you would get paid for in that instance.

I feel if you tried to argue your point about looking for a job whilst facing redundancy they would simply state that you were looking for another job anyway, regardless of the circumstances.

Best bet is to see where you stand with a reduced notice period, then take it and run - if youre off to a better paid job, get out of there and enjoy it. Be glad you found another job before your current role ends...!

I'm confused. they're closing the office and making you redundant, but you've secured a new job with promotion - presumably with a different company, it's not that obvious?

How much is the redundancy payment you are expecting? You don't have to tell us the amount, but statutory redundancy is pretty minimal and based on 5 years, probably not worth the aggro staying on, but if they're offering 1 month for every year, then that might be worth hanging on in there for. There is an amount (£30k?) below which the payment is not taxable, you might need to consider that also.

Thanks Maxxxer, I see what you're saying and that is similar to what i've read.

Yes, i've another job with another company. My company hasn't gone under, they're just moving all our work to another location which isn't commutable.

It's 3 and a half weeks for every year i've worked there. So, it's a nice amount. Not massive but enough to pay off a couple of credit cards. It's no where near £30k though, otherwise i'd be taking a year off haha.

I've just spoken to a colleague who has been on an outplacement course provided by our company and asked a similar question. Apparently it has been done, people have left early in the notice period with their redundancy. Obviously not set in stone!

You might make the argument that you're saving them your salary and ancillary taxes by leaving early...

MattyB,

Firstly, work out what your notice entitlement is. This is either the statutory period (one week for every full year worked, up to a maximum of 12) or what your contract provides if longer. This is called the "obligatory period"

If you resign you are still entitled to your statutory redundancy payment in the following circumstances:

a) You have actually been given notice of dismissal
b) You give counter-notice in writing to terminate your employment on an earlier date
c) You give that counter-notice within the obligatory period (counting back from the day the notice you have been given ends)

So if you are given 8 weeks notice but your legal entitlement is 4 weeks notice, you will get the statutory payment provided you give counter-notice in writing during what would have been the last 4 weeks of your employment, bringing your employment to an end sooner.

In giving counter-notice, I would give as much counter-notice as you can (there is an argument you don't get paid if you don't give enough counter-notice). So as soon as you are within the obligatory period let them know.

NB the employer can give a counter-counter notice, at which point it gets complicated!!!!!!!!!!

NB this is the statutory payment. Your company is paying an enhanced amount, there will be no entitlement to that unless they agree.

Well, i have just spoken to my employee rep and she said to give in a counter notice also. Which is what i'll probably do.

I'd be happy with the statutory redundancy. But we'll have to see I guess.

I'm just hoping! Really hoping!

Might be pushing my luck a bit and going money mad but if you dont ask you dont get.

Are you sure? I just tried a quick calc assuming age 30, 5 full years employment, £500 per week and it comes up with £2,250 as statutory redundancy, what you are being offered is enhanced redundancy, as Emjay says above.


With the above assumed figures, your enhanced offer is £8,750

Notwithstanding the (good) above advice would your best bet not be to make your new employer wait?

You've mentioned they're happy to and you could tell them that your current employer won't budge and grant you an early exit date.

If this is a viable option I'd be tempted to sit it out, take your full lunch break every day, leave bang on 5pm and get the most money out of them.