Redundancy claim during notice period

[ski19931]

I resigned, and am in notice period, then the company announced its sudden closure. My two years employment anniversary is during my notice period. Am I eligible for redundancy? I am still an employee until after the two year point.

[matt3942]

Re: Redundancy claim during notice period

Hi [MENTION=73633]ski19931[/MENTION]

I'll have to clarify this but my understanding is no, because you have resigned already. If you are unable to complete your notice period due to the closure your employer will have to pay you in lieu of your notice period, i.e. what you would have earned if you'd worked your full notice period.

Perhaps someone else will come along shortly with better knowledge of this.

- Matt

[matt3942]

Re: Redundancy claim during notice period

Hi [MENTION=73633]ski19931[/MENTION]

This seems to be the general rule:

'If an employee resigns prior to the issue by the employer of a redundancy notice, as a general rule, his or her employment will terminate by reason of resignation, not redundancy. For the purpose of entitlement to a statutory redundancy payment, s.135(1) of the Employment Rights Act 1996 provides that the employee must have been dismissed by reason of redundancy.'

It's unlikely you will be eligible for redundancy unless you have a very nice employer.

- Matt