Can I still claim redundancy?

I have been offered a new job on the same day that my current employer announced they’ll be closing down the site. Can I delay my letter of resignation in order to collect any redundancy owed?

Getting another job during the redundancy notice period

It’s not a problem to get a new job during your redundancy notice period, but to be able to leave and still collect your redundancy pay you’ll first need to have had your redundancy notice letter with your final date of employment. You’ll need this before you tell your employer you’re leaving, otherwise technically you haven’t actually been made redundant, you’ve just chosen to leave for your new job.

Do I have to work my redundancy notice period if I get a new job?

Not always. Assuming you don’t give your employer notice before you’re formally made redundant, you might not have to work your entire redundancy notice period before you can start your new job.

So how soon after your redundancy notice can you start a new job? If you want to make sure you get your redundancy pay you’ll need to meet a range of conditions, mainly dependent on you acting within the ‘obligatory period’ – this is the longer of either the contractual or statutory notice the employer would normally have to give you to terminate your contract of employment.

What is a contract of employment? Learn more here.

How to get redundancy pay and leave early

To protect your entitlement to redundancy pay and leave before the end of obligatory period you must do all of the following:

  • Take no action until you have been given a firm date, preferably in a formal redundancy notice letter, of your date of dismissal for redundancy.
  • During the period of obligatory notice, give notice to the employer (in writing), of your intention to leave before the obligatory period ends. You don’t have to give your full notice to your employer, provided you give notice within the obligatory period. If you give notice before the period of obligatory notice starts, your right to redundancy payments will be lost.
  • Obtain the employer’s consent to leave before the date of dismissal.

Can your employer stop you from leaving during your redundancy period?

Yes, but they have to have a good reason. Your employer cannot lawfully unreasonably refuse a request to leave before the end of the notice period. If they refuse, you should complain to an Employment Tribunal. As a general rule, the nearer you are to the end of your notice period, the easier it will be to show that the employer’s refusal was unreasonable.

What to do if you’re refused permission to leave early

If you are refused permission to leave early you should try to delay the date of starting the new job until the end of the notice period. If this is not possible, you might have to choose between your redundancy pay and the benefits/security of your new job.

More support with redundancy

If you’ve been given redundancy notice, check out our article on what to do if you’ve been made redundant for more support.

You may also want to talk things through with ACAS, call them on 0300 123 1100, or contact your local CAB for further information.

Learn more about your rights in our other articles here.

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