How to leave early and retain full redundancy package

Following a restructure, my whole team has been made redundant (5 people in total, including my line manager) so I’ve been put ‘at risk’ and I am currently in a 90 days consultation period. Having already spoken to several department heads, I know there will be no role of equivalent seniority/salary for me within the business, so I want to move on. I think HR realise this outcome is inevitable but, of course, they are keen to appear to be doing everything they can to retain me.

Rather than going through the motions for months, I would like to leave the business quickly – but how can I request early termination without foregoing my redundancy entitlement?

I was thinking of requesting a compromise agreement with the same package as if I left at the end of the consultation period (i.e. what HR offered when they put me at risk is 20 weeks pay, made up of 12 weeks notice in lieu + 8 weeks redundancy) – is this a viable option? If so, how should I approach with HR? If not, what are the alternatives?

Your thoughts/ideas would be greatly appreciated.

Many thanks in advance!

Hi there, thank you for your question.

As you are aware, as part of the redundancy consultation process, your employer will be looking at suitable alternative employment for you within the company. Whether an alternative job is suitable depends on the terms of the job offered and your skills, abilities and circumstances. Other factors such as status, pay, hours of work and the location are key to your decision as to whether a job is suitable.

You say you have spoken with several heads of department and ‘know that there will not be an offer of equivalent seniority/salary for you within the business'. You don't say if your employer is a large corporation e.g. multinational with many locations or are small employer with one location. If it is the case that your employer has several offices in different locations, they may be considering alternative located positions also which you are not aware of through the 'grapevine'

It is difficult for me to pass comment on whether your HR department are simply going through the motions to demonstrate that they have handled your redundancy fairly should they ever need to prove this in an Employment Tribunal or not. It sounds like your redundancy is being handled appropriately following correct procedures which are positive but they are following a lengthy consultation period (although there is no legislative requirement to take 90 days to complete this), they may take up to 90 days if they are adopting best practice approach which may not suit you.

From practical experience, taking into account your senior position and the fact that you are the only position remaining to be made redundant, I would suggest that you contact your HR Manager to discuss your thoughts of a compromise agreement which you would like to be considered. Explain about your concerns about the roles which may be offered to you and your awareness of the cost and implications a properly handled redundancy can have on the business in terms of time spent consulting etc. A Compromise Agreement is certainly a viable option but will depend on whether your employer is receptive to the approach.

Although employers do use compromise agreements in redundancy situations with the view to preventing employees complaining to a tribunal after they have been made redundant, I think it is unlikely that your employer will initiate this conversation with you in the consultation process. They may welcome this idea that you propose or they may not.

A 'compromise agreement' is a legally binding agreement between employer and employee following the termination of employment. Usually it provides a severance payment which in return, you agree not to pursue any claim you may have to an employment tribunal.

If your proposal is rejected, then you have little option but to complete the consultation period, considering alternative employment and wait for notice to be served to you. You never know, you may be offered employment with a higher salary with your employer.

Let me know how you get on if you discuss a compromise agreement.