Can I be made redundant if I am working my notice? Thanks in advance

[wink1970]

Hello All

I intend to give in my notice shortly, and have to give 6 months. I know the business is looking to save money (they hit me with a 30% pay cut which is why I'm off!) but I wouldn't put it past them to make me redundant, to be spiteful.

This would mean 11 x statutory weeks vs 6 months on current pay, right? or would one be on top of the other?

Can they do this, after I have formally resigned?

Many thanks, in advance of any answers.

Why would they make you redundant if you've already resigned? It wouldn't make financial sense for them, as they'd have to pay redundancy pay (assuming you've been there 2 years or more) in addition to notice pay.

6 months notice is a huge length of time. I'm no expert in employment law but I wonder if it could be challenged as an unfair term in your contract.

I expect the notice period could be reduced by mutual agreement; this would need to be confirmed in writing. If you actually want to work the 6 months notice and they don't want you to, they still have to pay you - either pay in lieu of notice (PILON) or gardening leave.

Are you a trade union member? I assume not, few people are and I guess you would've mentioned it if you were?

The Acas website is pretty informative and they have a helpline too.

I think they'd be more likely to simply shorten your notice period if they wanted to save some money. Are you going to another job? Do you have cash in place if they did shorten it? It's a very long notice period but I don't think there would be much of a financial upside to faffing around making you redundant, going through consultation etc. Making someone who had already resigned redundant is fairly nonsensical.

They would have to pay you for your notice period and give you the redundancy pay on top - so I doubt they would do that. You can - by mutual agreement - shorten the notice period.

They might just pay you in lieu of notice, so you can leave earlier. Why would they pay any more than they have to?

If they make you redundant tahrs have to pay you statutory redundancy in addition to your notice so no, they won't make you redundant during notice period.

If you think you're going to be made redundant don't resign!

Normally those already under notice are ineligible to apply for Voluntary redundancy too.

If they're out to save money,they won't go down the redundancy route, as it would be more expensive, surely?

They can certainly make you redundant during your notice period, as long as the redundancy is genuine, fair selection etc.

But normally they wouldn’t as it would normally cost them more. Notice periods normally ‘match’ so if that’s the case with you, they’d have to pay you six months’ notice plus any statutory redundancy pay you may be entitled to, which will depend on your length of service and age.

Thank you all for your help, I thought it was either/or in terms of payments - I would be MUCH better off with my notice period money rather than redundancy.

I don't mind the 6 months, it's standard in my industry and I'm a specialist in my field so pretty sure employers would wait.

I'm actually intending to resign only if they push our new bonus structure on us - I took a 50% cut last year to help the company out and they want an additional 20% this year, which I have refused. If It's forced, then I will resign on principle ... so I'm getting my ducks in order, so to speak.

Thank you again,

NB to note, there isn't redundancy planned anywhere in the business, as far as I know, but the owner is a vindictive person; If I leave after 11 years he will try anything to piss me off. I just want to understand what he can or cannot do.

Do they not have to give you the same notice period though? It would be unusual to require six months' notice from an employee and not give the same the other way round.

They'd have to be silly to make you redundant when you've handed your notice in because

• redundancy package is either to pay you your notice or allow you to work it
• they would then have to pay you statutory notice of 1 week for every year you've worked capped to maximum redundancy amount t based on your age (can find that on .gov website)

If you hand in your notice the most vindictive thing they could do in terms of saving themselves money is to find a reason to fire you that meets their disciplinary process and doesn't leave them open to employment tribunal.

Some advice on changes to contracts (which a pay cut or reduction in bonus or other benefits is)

www.citizensadvice.org.uk/work/rights-at-work/basic-rights-and-contracts/changes-to-employment-contracts-overview/

www.acas.org.uk/changing-an-employment-contract

Thank you all, you have raised some other important questions I need to look at - such as their notice period being shorter than mine.

Much appreciated!

@wink1970

NB to note, there isn't redundancy planned anywhere in the business, as far as I know, but the owner is a vindictive person; If I leave after 11 years he will try anything to piss me off. I just want to understand what he can or cannot do.

In that case, expect him to trump up a reason to dismiss you.

@safariboot sadly that wouldn't surprise me! I can't think of anything, but he hired a Private Detective to watch someone on furlough!