Redundancy - notice I have to give the company?

[TheBoredGuy]

Hello,

On June the 1st my team was issued with 'the risk of redundancy'. In the official letter it states "your last day of work is likely to be .... July 2009, which exceeds your four week contractual notice period."

I've been for an interview for another job (which I've been given). I've asked my boss at current job, and she stated I would still have to give 4 weeks notice, and the 'risk of redundancy' letter is for the companys' four week contractual notice period, not my notice to the company.

Is this true? I assumed that if I'm being told I'm at risk of being made redundant, and have been given a 'likely' finish date, then surely I can finish current job whenever, and get paid up to my end date?

Any info appreciated!

[BRIAN58]

I was made redundant and given an early pension by a London bank 5 years ago.

I was on 4 months notice and was sent home as soon as I received my notice.

I moved over 200 miles from London and the Council offered me a job and wanted me to start when I was 3 months into the notice period. I had not found a house at that point to buy but the house I had in London had a potential purchaser who wanted to exchange contracts.

I went back to my employer to ask if the redundancy was guaranteed so I could arrange things and they just stated they had the right to withdraw the redundancy notice until midnight of my last working day and the only way I could be sure of going would be to resign (but they would still require 4 weeks notice which bought me up to my final working day anyway) and forfit my redundancy money and early pension which now exceeds my present salary. I checked with a solicitor and he stated this was fact so I think you are likely to find you will have to give 4 weeks notice.

I took the risk and let my house in London go and the Council employed me a month late.

I think you will have to give your employers the full 4 weeks notice and certainly if there is any redundancy money to be collected.

As you are in a redundancy situation if no redundancy money is payable you could walk out and if your ex employers took you to court for breach of contract the award for damages is only likely to be nominal.

As you are going for a new job if you did walk out your old employers may inform your new ones of this.

In summery my advice is if your new job will be still open in 4 weeks time leave properly in accordance with your contract.

4 weeks is not long.

[dot.haukes]

if they have refused to release you from your contract issue them with a counter written notice asking for release which they should comply with, if they don;lt you can take them to an employment tribunal
have you had your 30 day consultation period and meaningful consultation? how many in your team? if it is less than 20 you need to have had this period if over 20 it is 90 days, and they can only issue you with redundancy notice of meaningful consultation has concluded

[Twenty20]

I think the answer is that you haven't been made redundant, yet. You have been informed that you are in a group who are 'at risk' of being made redundant. Therefore if you want to leave you will have to give notice as per your contract (normally 4 weeks or a month). Or you could just wait it out and see if you get made redundant along with any payout.