Redundancy occurs when a role is no longer required, and an employer dismisses an employee. It can happen for a number of reasons including the organisation closing, change to workplace location or the reduced demand for a job role.
What is Voluntary Redundancy?
Voluntary, or non-compulsory redundancy, is where employees choose redundance, often after the offer of a monetary incentive.
Notice Period for Voluntary Redundancy
Whether you’ve been made redundant through voluntary or compulsory action, you must be given the correct amount of notice. If you’ve worked for your employer for at least one month, you will be entitled to a statutory notice, which is the minimum notice period your employer can legally give you. Your statutory notice will be based on how many years you’ve spent at the company, for example:
- 1 month to 2 years: 1-week minimum notice
- 2 years or more: 1-week for each full year (maximum of up to 12 weeks)
Contractual Notice
A contractual notice is a notice period stated within your contract. This notice period can sometimes be longer or the same length as the statutory notice, but it cannot be any shorter.
Starting a New Job After Voluntary Redundancy
In some cases, you might secure a job that has a start date before the end of your agreed notice period. You can ask your employer to change this finish date, however, this must be agreed otherwise it can be classed as resignation, and you might not receive your redundancy payment.
Alternatively, if you’ve found new employment, you can ask your new employer to extend your start date, to ensure you receive your redundancy pay. Note that if your contract of employment includes a restrictive clause, this means you cannot work for a set period of time after you have accepted redundancy pay.
Legal Advice for Voluntary Redundancy and Notice Period
If you feel as though you’ve been treated unfairly through the redundancy process and are not receiving your correct notice period, Premier Legal’s expert team has experience handling employment law matters. Contact us for advice on how to proceed and let us support you if you need to make a claim.
