[xircon]

1>. If you are given notice of redundancy and you find another job can you leave and take up this job? Can your employer do anything to stop you?

2>. I assume in this situation they could withhold your redundancy payment and any holiday pay you are entitled to?

3>. How much notice should your employer give you? Can you do anything if they give you twelve weeks say and you have only been there four years (which should be four weeks notice if I have read the BERR site correctly).

Questions on behalf of a friend (who thinks I am the font of all knowledge - but I am not!)

[koollady142]

If you are under notice of redundancy and leave before the notice is served, unless you reach an agreement with your employer you are in breach of contract so they COULD sue you for that. but it would be most unlikely - they probably would be happy as it will save them paying you the redundancy entitlement!

Regarding the amount of notice, it depends what it says in the contract of employment. What it states on the BERR website is the legal minimum, but in certain positions (normally higher paid or management posts) a longer notice period is required so put on the contract of employment.

The best thing to do is to speak with the HR department and try to reach an amicable agreement. If you're under notice of redundancy, they probably won't want to stop you leaving. You are still entitled to any holidays accrued but if you leave earlier than the end of your notice they may with hold the money in lieu of the shorter notice.

I hope that helps.

[DenadaInnit]

Is there any chance of the new employer waiting for your friend to start work until the redundancy situation is agreed at the current firm? If your friend has already been through the advertising/interviewing stage then it might be a good option?

[Lady Star]

Originally Posted by xircon

1>. If you are given notice of redundancy and you find another job can you leave and take up this job? Can your employer do anything to stop you?

No, they can't stop you, but you may not get same amount of redundancy...

2>. I assume in this situation they could withhold your redundancy payment and any holiday pay you are entitled to?

Not withold redundancy, but the amount may be changed - Once you have accrued holidays they can't take that back - regardless of what you do you get this... If you have quite a few days, you could use them and then this problem won't exist! Nothing to stop you starting work elsewhere then, and you get your redundancy in full!

3>. How much notice should your employer give you? Can you do anything if they give you twelve weeks say and you have only been there four years (which should be four weeks notice if I have read the BERR site correctly).

Don't have to give any notice if they are closing - I have been made redundant twice - 1st time due to closure (told in afternoon that we had to pack and go) and 2nd time they were downsizing, and again they told us in the afternoon to pack and go...

Questions on behalf of a friend (who thinks I am the font of all knowledge - but I am not!)

Hope that this helps?