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12 week notice period in regards to redundancy

Mike

I have a question that I have been researching but cannot find a clear definition.

If a member of staff is being made redundant and instead of 12 weeks PILON, the director would like them to work the first four weeks of the twelve, to ensure a smooth handover.  The employee managed to find new employment during the consultation period.  They wish to give one weeks notice to leave at the start of the redundancy date/ PILON period.  

Has anyone come across this before, I can understand an employee wanting to leave instead of working the 12 week notice period, however it does seem harsh on the employer.  Especially as they wish to comprise by only having them work 4 out of the 12 weeks.

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  • thanks for your response Keith. I would agree that if you find a job then security and paying the mortgage comes first. I was not aware that it would be acceptable for an employer to withhold the 11 weeks pay in lieu of notice. That seems harsh although I suppose the individual would lose the 11 weeks pay by serving one weeks counter notice. The redundancy pay regarding length of service is a given.
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  • thanks for your response Keith. I would agree that if you find a job then security and paying the mortgage comes first. I was not aware that it would be acceptable for an employer to withhold the 11 weeks pay in lieu of notice. That seems harsh although I suppose the individual would lose the 11 weeks pay by serving one weeks counter notice. The redundancy pay regarding length of service is a given.
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  • in reply to Mike
    Yes in law serving counter notice in effect changes the length of notice required - in these circumstances there is no legal necessity to pay the full notice period as PILON but of course you can be more generous than the statutory provisions.

    I am sure the individual isnt aware of this ..... so a discussion maybe in order

    As David says the statutory redundancy payments are totally unaffected by these arrangements.
  • in reply to Keith
    Thank you Keith and David, your responses has helped me a lot. I will have a discussion with the individual, I would hate them to lose out . A new lesson learnt today in regards to an employee serving counter notice changes the length of notice required ( payment) from an employer.