2wk notice by employer, 3 months by employee

[bestusername]

Hello,

I've been informed that my role will be considered for redundancy. I'm certain I will be made redundant.

The notice period the employer is required to give is 2 weeks but 3 months notice is required by employees.

Should I resign part way through the consultation? It will give me 2.5 months more salary than I would otherwise get.

I'm annoyed that I didn't pick up on the notice period difference.

Thanks in advance.

Why would you resign if you think you will be made redundant? Have you another job? How long have you been there?

I wouldn’t resign, you won’t get any redundancy money
How long have you been there?

The notice period for redundancy is determined by length of service or contractual leave, whichever is the longer. Different notice periods like this are common in some places. Handing in your resignation won't give you three months - they can still terminate by giving the correct amount of notice whether you have resigned or not.

Don't resign. You would lose your right to redundancy pay if they haven't yet issued notice of redundancy and they could just give you counter notice in any case. If you have been there more than 2 years they need to give you at least statutory notice ie 1 week for each year of service up to a max 12 weeks.

Handing in your resignation won't give you three months - they can still terminate by giving the correct amount of notice whether you have resigned or not.

This

They can still terminate your employment by reason of redundancy during your notice period, as others have said, plus if you would be entitled to redundancy pay you’d lose that.

Sorry I should have added that I've only been there since 6 months.

I was thinking that the reason would have to be resignation and therefore they would have to pay me my full notice of the 3 months I'm required to give.

Otherwise it's 2 weeks notice pay plus annual leave if I'm made redundant.

No because while you are serving your long notice period that doesn’t stop them terminating you for redundancy during that time, therefore ending your employment sooner. It’s perfectly possible for an employer to terminate employment during notice. Sometimes this happens if someone is serving a long notice period and then commits an act of gross misconduct for example- perfectly reasonable of the employer to conduct a disciplinary procedure and summarily dismiss without notice.

In your case as you have short service you won’t be able to claim unfair dismissal and redundancy is fair grounds for dismissal anyway.

I understand.

Thanks for all your replies.