When is a redundancy notice not a redundancy notice?

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A. This is a case where diplomacy has a better chance than the law. From a legal point of view, infuriating though the situation is, there is probably little you can do, says Makbool Javaid from DLA Piper. 'If the notice was rescinded soon after it was made, it would be hard to enforce. The company would simply argue that the notice is no longer in force and therefore, there is no dismissal.'

In these circumstances, if you hand in your notice, you would just be leaving in the normal way, without being entitled to any redundancy money.

Your best bet if you want to leave earlier is to try to come to an agreement with the company. How successful you are will depend on several factors. Does your firm believe you will actually stay to the bitter end in order to collect your redundancy cheque, for example, if they don't agree to an earlier release?

As with any negotiation, stay calm and businesslike and try to offer a win-win solution to your bosses - you have to give them a reason to offer you what you want.

You have nothing to lose by this approach, but trying to mount a legal challenge looks unwise in the circumstances.

Next week's question: How are headhunters/agencies remunerated? I've been told they get a bonus if they keep salaries below a certain level, so I am wondering whether they are on 'my side' or that of the employers. Also, do prospective employers have the right to ask what your current salary is? I don't want to tell. Surely, employers should offer what they think I'm worth, and not what they can get away with?

What would you advise? Send your answer to: expertadmin@efinancialcareers.com.

Look out for the Experts' answer to this dilemma and readers' comments on Ask the Expert next week. If you would like to submit a question to our panel of experts,


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