Notice Period re redundancy

I have been advised that I may be made redundant.
They have told me that they will start a 90 day consultation period.
In my contract I am required to give 3 months notice of resignation. I am also supposed to be given 3 months notice of dismissal.

If after 90 days consultation they decide I will face redundancy, am I still to be given 3 months notice?

Hence, could it be 6 months before I leave???

Hi

Thank you for your question.

You haven't specified how many redundancies are to be made by your employer. Obligations on the employer differ when there is a "collective redundancy" situation - whereby an employer proposes to make redundant twenty or more employees at one establishment within a ninety-day period.

Could you confirm whether this is the case please?

I will answer your question as soon as you reply.

Many thanks

Hi. It is just my position being made redundant.

Thank you for your reply.

As your employer is not making collective redundancies, there is no legislative time constraints as to when consultation ends and redundancy notice of dismissal is served e.g. consultation must at least 30 days before the first redundancy where there are 20 to 99 proposed redundancies.

I understand from your posts that your employer has confirmed they will be starting a 90 day consultation period with you which will cover ways of avoiding your redundancy, or mitigating it's effects e.g. find alternative employment for you, establishing (together as consultation is a two way process) any ways in which you position can be retained.

Consultation does not have to end in agreement, however your employer should genuinely be looking at ways to avoid the redundancy with you e.g. change to work patterns, job share etc Failure to consult with you could deem your dismissal to be unfair.

I would imagine that you have received a letter from your employer which outlines why you are potentially going to be made redundant and received an invitation to a meeting to discuss the proposed dismissal?

Notice Period:

The notice that you are required to give your employer should you resign, may be different to the amount of notice your employer has agreed to give you.

Unfortunately you don't say how long you have worked for your employer or what your contract of employment specifies your right to notice as. Legislation gives you the right to a minimum period of notice of termination of employment, provided that you have been continuously employed for one month or more. If your contract of employment gives you the right to longer notice than the minimum in the legislation, then the longer period of notice applies. If you have been employed by your employer continuously for two years’, you are entitled to a least two weeks’ notice. See notice periods for further info.

"If after 90 days consultation they decide I will face redundancy, am I still to be given 3 months notice"

Although your employer has served a 90 day consultation period with you, there is no-limit within which the consultation must be completed - this depends on the circumstances of your case.

Redundancy notice would be issued to you when the consultation has been completed or reached conclusion. I am afraid I am unable to expand more upon how long you will be with the company as this also depends on whether your employer requires you to work out your notice, or pay you in lieu of your notice.

If you could tell me about your notice period, length of time served or if have any more questions about my answer or you want any more advice about your redundancy situation, please don't hesitate to reply to me.

Hi Thanks for that information. I am required to give 3 Months notice. Your help is invaluable at the moment.

Hi Graham

Thanks for that. You are required to give 3 months notice when you resign but can you tell me either how long you have been continuously employed or the notice period that your employer is required to give you. You should have this information in your Contract of Employment.

I look forward to hearing from you.