Given notice at work

They can only sue you if you are discriminating against them for a protected characteristic eg maternity, sex, race.
There's no right to claim for unfair dismissal before 2 years.

@wowseroonie doesn’t sound the most clued up HR person 😬

i once got notice to leave i hated it there anyway but as soon as i got told i was gonna be let go i went home after that days work and never went back that was 8 year ago i did have a job lined up tho at the time and started a week later and im still working there but i love it and as you i did not need the money at the time i was pleased to go

Go off sick. They will then quickly want to stop paying you sick pay and might contact you to see if you’d like to go early.
otherwise, just do a shit handover.

If the OP hasn’t worked for them for 2 years, they’re not obliged to provide a consultation period. They should, as good practice, but from the OP’s posts, it doesn’t sound as though there’s been much of that.

Surely with under 2 years employment there is no need to make her redundant or consult? They can just give notice.

Exactly this. If the OP has less than two years service, the company only need to give a weeks’ notice, but they’re giving three months so that she can train other staff members up to basically do her job between them. This is why she needs advice from ACAS, because if the bulk of the job still remains, it’s not redundancy and the company are misusing redundancy regulations.

Take the money, go off ‘sick’. You must be super stressed having been made redundant, right?

They’re not going to give her gardening leave when they need her to train up the lower cost replacements…

This is great advice

Although she could of course return on a counsultancy basis at 3 or 4 times her previous rate.

I'd stay until I found another position, but slow right down. They have used you, so I wouldn't feel guilty using them in return. Work scheduled hours, never longer. Take full lunch breaks. Apply for other jobs and don't feel guilty if you need plenty of time off to prep and go for interviews. Make sure you take all owed leave and maybe book your annual holiday if you haven't yet, for the last two weeks you are due to be there, so you don't have to work your socks off doing a handover.

If you don’t need the money go sick. Look for another job while your notice runs down.
You still build up holiday entitlement when your off.
A nice little pay off at the end.
They obviously don’t give a f about you why should you care?

I suspect it is a case of Op has made everything run smoothly inc on annual leave so they don’t know half of what she goes. Once she leaves and shit hits fan that’s not her problem.

Did you even read op’s post?

Hello

HR person here and apologies if someone else has said this. Have they consulted with you that the role is redundant or just told you their decision. They should consult and it’s likely that will take you even closer to your 2 years of service. Legally, you have an argument that if your notice period takes you over the 2 years then you are deemed to have the rights in many cases. So I’d first ask about the consultation and see where that takes you.
I appreciate it doesn’t necessarily give you a significant settlement but might make them think twice about doing the decent thing for you or for others in future.

good luck.

However, your overall point stands - no point having an unwilling employee.

The OP hasn't performed poorly - in fact she has probably performed too well!

The 3 months notice period doesn't count for redundancy or unfair dismissal anyway, as it's contractual.

The statutory notice period is one week - that counts for redundancy or unfair dismissal, so effectively you have protection from 1 year 51 weeks. Sadly doesn't help the OP.

I don't think I'd weave in any problems for the company for the future (I am not sure I am that clever, anyway) but I would work to rule until I leave. Ideally you can agree a shorter notice period though.

I would have thought most employers would give gardening leave if they've given you notice, to protect themselves from retaliation from someone they're exiting. I'm sure it's built into our contracts that if we are given notice due to poor performance then we aren't expected to work it.

I agree with runninglady55 completely.

Too many employers expect loyalty while having zero for employees in return. It's all about their profits, their shareholders' profits, their books and they will happily screw over hardworking individuals to maintain those while trying to demand loyalty, free overtime, long notice periods, etc in return.

Op said the 3 months notice takes them to 1yr 11mth.

@Forgotwhat your notice period takes you over two years - legally that needs taking into account when accruing service. They should have served your notice before you hit 1 year 9 months.

technically this takes you into redundancy and that has it’s own strict requirements, such as notice and consultation.

have a without prejudice conversation, point out the error and mention employment tribunal- a failure to follow process immediately means they would lose a case. They will offer you a settlement agreement and you can negotiate an earlier leave date too, including what you would get for redundancy plus a bit of a sweetener.

I think you ride it out, take sick leave, become unproductive and obstinate. Are there are any reference implications for a future job?

When I was in this situation, they told me that they had automated the system enough, that i was no longer required. In the next breath they asked me to train one of the managers on my job. I booked in the training, and then told them that I couldn't train them as my role was apparently being automated and I didn't know what that looked like.

Fortunately I had obtained legal agreement on the reference they would give me and they literally could not deny my comment.

To my knowledge it took them over a year to properly pick up what I had been doing and the automation never happened.