x posted - legal advice re redundancy after handing in notice

As far as I'm aware she's terminated her contract, what they do afterwards isn't anything to do with her unless she's going to claim constructive dismissal .... unless she's been there a few years the redundancy money wouldn't be much anyway.

10 years.

She just keeps saying she can't believe they 'let' her hand her notice in when they knew......

Thanks for the reply xx

I really feel for your mum on this one; why did she leave after 10 years? Is it possible that the nursery actually pushed her out to save themselves paying redundancy? This would be constructive dismissal but it would probably involve lots of stress for your mum to fight for it.

I wasn't going to post after some comments recently but this did happen to me so *** it, I'll post anyway. I worked somewhere for 18 months and handed my notice in 2 weeks before they announced they were closing the company down. They sent me a cheque for £600 randomly, which must have been over 2 weeks' wages at the time. I think this was goodwill IIRC rather than anything else.

They probably let her as it means there's less redundancy money to pay out.

I think I agree with whoever posted that she doesn't really have any rights - she's handed in her notice and has terminated her contract.

Wow - you've jumped to some conclusions there!

If she's handed her notice in, then she chose to terminate her contract and isn't entitled to anything. It's bad luck, but legally she doesn't have any rights to the redundancy payout.

Just backing up what Mrs W said http://www.thesite.org/homelawandmoney/askthesiteqandas/legalandrightsqandas/resignedtoredundancy

Just wanted to add my tuppence worth as someone who has recently gone through the redundancy process.

The chances are, your mum is better off having handed in (and, I assume, worked her notice). She would have been paid at her 'normal' rate of pay, probably had a nice send-off from her colleagues, and been paid eny holiday money she was entitled to.

Even with 10 years' service whe would only have been entitled to 10 weeks' statutary rate money (about £360), and she wouldn't be able to work during those 10 weeks without losing the money, and she would have had to sign on for that period and her dole money would have been deducted from the redundancy money. And in my case, 4 weeks after being told to sling my hook, I still haven't received a penny! Oh and the whole process is/ was traumatic and stressful and sad- I'd advise anyone who has an option to be spared this to take the happier option wherever possible.

Or at least, this is what happened to me when the company I worked for went into administration. Hope your mum gets something else soon, it may be worth her going along to the meeting to clarify things (esp in regards holiday pay) and at least say goodbye to her workmates.

You can work after being made redundant, as long as you are not on "gardening leave" - I was made redundant and am officially employed until 6th July meaning I can't work until after that date. I was on a 3 month notice period which takes me up to September, but that was paid off so I can work. If you have been told you can't work at all, it is incorrect. It is only when you are still working for your company that you can't take another role. Your redundancy payment has nothing to do with being able to work or not - it's your money, and doesn't have conditions attached.

Also, you have quoted statutory redundancy - some companies (mine included) pay over that. We have no idea what the OP's mum would have been entitled to. Even so, statutory redundancy is more when you are over 44 years old which I would suspect she is.

I did forget that some companies are more generous with redundancy payments. You see in my case our redundancy isn't coming from the company- it's being claimed from the National Insurance fund since the company is in administration. The not working part wasn't so bad for me- I only had technically 2 weeks' notice which I was to be paid in lieu of notice since we weren't able to work our notice. It was worse for some others who had been there for 23+ years.

What you've told the OP isn't right in the vast majority of redundancy cases - your company has gone into administration, which is different. The OP's mum would be better off with redundancy as long as it's all "normal" - it's just bad timing on her part as she has handed her notice in.