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serving my notice

Summary of postings

serving my notice	justme	12 Mar 08
Re: serving my notice	Adrian Dobson	12 Mar 08
Re: serving my notice	justme	12 Mar 08
Re: serving my notice	adrian dobson	12 Mar 08

Details of postings

serving my notice	justme	12/03/2008 14:20
I resigned a week ago and I am happy to serve my 3 months notice. My employers have now turned round to me and told me, today, that in fact they were in the process of making my position redundant with immediate effect ie the end of the month. I have only been at the Company for 17 months so I am wondering if this has been done, with hindsight, to save money, as the company is struggling. Can they do this? what is my best plan of action to ensure I get as close to my 3 months salary.

+ Re: serving my notice	Adrian Dobson	12/03/2008 14:42	adriandobson@ pds-hr com
Justme, Unfortunately they can take that approach to a degree, and has probably been brought on by your notice of departure. As your under 2 years service you wouldn't be entitled to a redundancy payment, and serving the additional 3 wont get you close either - so your not losing anything there. The fact that you have given notice, means they may not need to follow the due process of consultation in terms of alternative roles etc, as you have taken the decision to leave. However, it may have been an interesting exercise to go through as the alternative may have meant you staying if you wanted to. Although having said that you are prepared to work your notice, and so if they wish to end the employment prior to that I would say they do have to consult and then follow the SDP - 3 stage process, invite to meeting, meeting and appreal. Whatever happens - they MUST pay you your 3 months notice or the remainder of it - its a contractul payment. You have stuck to your side of the contract by giving the due notice, the employer is now the one who wants to change things. Its fine if they follow a process and you get the balance of the notice payment. Beware though, they may not pay this in a lump sum, and may make you take gardening leave - so essentially you are sitting at home and being paid to nothing, but also means you cannot get another job. For them to do this there must be a gardening leave clause in your contract, otherwise it is a breach of said contract. Something like - 'Once notice has been served by you or the company we are under no obligation to provide you with work....etc, and have the right to refuse you access to ... etc' Good luck Adrian Dobson PDS-HR
++ Re: serving my notice	justme	12/03/2008 17:39
Many thanks for this information it is really helpful. just one more thing - Is there anyway the Company can get out of paying my 3 months salary whilst I serve my notice?
+++ Re: serving my notice	adrian dobson	12/03/2008 18:25	adriandobson@ pds-hr com
Sorry thought had made that clear in the response. There is no way they can get out of it. They have options, such as they pay it to you in a lump sum or the balance of what has not been served. or they let you to continue to work out your notice, and thus will get three more salary pay days - your notice. Any attempt not to pay, will be a breach of contract and you will have a claim for Unfair Deduction From Salary at an Employment Tribunal, which you will win. So its a pain yes, but the law is on your side not there's, just ensure you adhere to your obligations in the contract - if they want to breach them then fine - more power to you. Adrian Dobson PDS-HR