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Topic: Redundancy

objection to early departure on redundancy
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Objection to early departure on redundancy

Objection to early departure on redundancy

Our notice of objection enables you to challenge an employee’s right to a statutory redundancy payment where they propose to leave your employment prematurely on redundancy before their notice period has expired. Use it with caution and be clear about your reasons for objecting to their premature departure.

Objection needed

It’s sometimes the case that once you’ve given an employee notice of redundancy, they might want to leave early and not work their full notice period. However, an employee who leaves employment before their notice of redundancy dismissal expires may lose their right to a statutory redundancy payment. If your employee gives you written notice to terminate their employment on a date earlier than that you gave in their redundancy termination notice, they won’t lose their right to a redundancy payment if you don’t object to their premature departure. In these circumstances, if you’re happy to let them leave early, you just need to confirm that and make clear that they won’t be paid for any part of the notice period they’re not willing to work. They will still get paid for that part of the notice period worked and still receive a statutory redundancy payment. If, however, you do object and you serve on your employee a written request to withdraw the notice, warning them that if they don’t do so you will contest any liability to make a redundancy payment, then they may lose their right to such a payment. Our Objection to Early Departure on Redundancy is for use in this circumstance. We’ve ensured the wording in the notice mirrors what the relevant legislation says. It’s then up to your employee to decide what they want to do once they’ve received your objection - still leave early and risk losing some or all of their redundancy payment or withdraw their notice of early termination, work the rest of the notice period and claim the redundancy payment.

Tribunal to decide

If your employee still opts to leave early, and you then withhold their redundancy payment, they may still apply to an employment tribunal which will then decide whether they’re entitled to the full redundancy payment, part of the payment or no payment at all. The tribunal will consider whether your employee’s actions in leaving prematurely were reasonable or unreasonable in all the circumstances and likewise it will also look at what your reasons were for requiring your employee to continue working until the end of the notice period. If your employee wanted to leave early to go to another job which otherwise they might have lost if they couldn’t start by a particular day, then it’s likely their actions will be held to be reasonable.  On the other hand, before serving a notice of objection, carefully consider why you want your employee to stay in employment until the end of the original notice period. For example, do you have customer orders or a work/client handover to complete? Don’t object just to be difficult!

 

 

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