# Question Re Notice Period



## HOC (13 Mar 2009)

Hi,

Apologies if asked before, but what is the situation if after you have been given your 8 weeks notice period for redundancy you hand in your months notice?

Is there an impact on redundancy beyond you getting a month less? 

Thanks in advance for any help.


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## DubShelley (13 Mar 2009)

HOC said:


> Hi,
> 
> Apologies if asked before, but what is the situation if after you have been given your 8 weeks notice period for redundancy you hand in your months notice?
> 
> ...


 
I don't really get the question...why would you hand in your notice if you have already been made redundant? This would surely affect your eligibility for redundancy package?


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## HOC (13 Mar 2009)

DubShelley said:


> I don't really get the question...why would you hand in your notice if you have already been made redundant? This would surely affect your eligibility for redundancy package?


 
I'll put it another way. 

Does being served an 8 weeks notice period affect your right to hand in a months notice?


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## greenfield (13 Mar 2009)

You use an RP6 form to give your employer notice that you basically want to shorten your notice and stil get your redundancy.   The employer can agree to this by countersigning the form or give notice using the form that they want you to work out your full notice.   Disputes are referred to the EAT.   see http://www.entemp.ie/publications/employment/2004/guideredscheme.pdf page 11 / 12


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## Deas (13 Mar 2009)

You will need to explain youself more clearly here.  However if my read of your request is correct, should you opt to resign with one month's notice when you have been put on redundancy notice of two months, you will effectively have resigned as in the normal course and redundancy will not apply.  If, for example, you have a new job in one month, and you are awaiting your redundancy, speak to your employer.  Ask for unpaid time off or if there is an option to leave on garden leave pending redundancy.  Unfortunately if they cannot accomodate you, it will be an either/or situation for you.


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## greenfield (13 Mar 2009)

I presume that the reason that it was written into legislation that you can request a shorter notice and still get your redundancy is to facilitate people seeking alternative employment.  This means that the person who is losing a job may not have to consider foresaking redundancy in order to take a job that may not available after the full notice expires.   If the employer has substantial reasons for refusing this shortening of notice they can argue that they do not have to pay the redundancy.   If there is a dispute the EAT decides.    As the original poster mentioned 8 weeks notice I presume that they have long service and you could be talking about a substantial lump sum.


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## oakfield (14 Mar 2009)

Greenfield is correct - if you have already been issued with notice, you can discuss the option of leaving before notice expires with your employer - your employer has three options 1. you go early and are only paid for 4 of the 8 weeks. 2. you go early and employer decides to pay in lieu of notice (fairly generous employer. 3. your employer decides that an early leaving date cannot be facilitated.  In the first instance your leaving date on your p45 and rp50 will be the actual date that you terminate employment


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## HOC (16 Mar 2009)

Deas said:


> You will need to explain youself more clearly here. However if my read of your request is correct, should you opt to resign with one month's notice when you have been put on redundancy notice of two months, you will effectively have resigned as in the normal course and redundancy will not apply. If, for example, you have a new job in one month, and you are awaiting your redundancy, speak to your employer. Ask for unpaid time off or if there is an option to leave on garden leave pending redundancy. Unfortunately if they cannot accomodate you, it will be an either/or situation for you.


 
Not the case - the point is the employee has already been terminated. I was asking does the standard one months notice still apply after this letter has been issued.


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## HOC (16 Mar 2009)

greenfield said:


> I presume that the reason that it was written into legislation that you can request a shorter notice and still get your redundancy is to facilitate people seeking alternative employment. This means that the person who is losing a job may not have to consider foresaking redundancy in order to take a job that may not available after the full notice expires. If the employer has substantial reasons for refusing this shortening of notice they can argue that they do not have to pay the redundancy. If there is a dispute the EAT decides. As the original poster mentioned 8 weeks notice I presume that they have long service and you could be talking about a substantial lump sum.


 
thanks.


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