Do I have to give notice if I find another job?

Hi,

I work for a IT support company and am one of 2 permanently site based engineers, that are fulfilling my company's obligations in their support contract.

15th Dec, meeting with my manager & HR about that the customer wants to reduce it down to 1 person and that as I am the more senior/experienced (expensive - customer pays more to have me there as well) it is my postion there that is not required.

I have only been employed by my employer for 25 months so any redundancy package is likely to be small (assuming they will not enhance it).

They are saying that I am in consultation until 23rd January 2009 when they will then make me redundant if no other redeployment is possible. And they would want me to carry on working until the end of the customer's contracted period of paying for two engineers (31st Jan).

So as my employers seem to be doing very little I find myself having to trawl the employment web sites and find alternative employment myself.

SO, the question I want answering is how much notice do I have to give my employer in this scenario if i find another job. When I get asked the inevitable question about availability and when I can start I am at a loss currently. Especially if I was to look for temp/contract work, the norm is for these to start within a few days typically.

Dear Frank

I am a bit uneasy about the reasons why you were selected. If there were two of you with the same job title and same job, then a selection on criteria should have been done to have identified who was at risk of redundancy. Did your employers do this? I think that if you are the more experienced that does not make sense as a company needs to retain the skills it needs to survive. I can understand the fact that you are the more expensive but this is not a reasonable reason.

As the consultation period has now expired, did you ask why there was no pool and have they now confirmed your redundancy?

Also, I am concerned that they are saying you will be made redundant as it seems that they have made up their minds. However, it may be that they are saying that it will be confirmed...what did they actually put in the letters to you on this?

If they have now confirmed your redundancy then I would advise that you appeal. Also, as it seems that the final working date has been set at 31st January, although your last working day is a week away, have you found yourself a job yet? If you have then you should speak to your company to see if they will release you earlier, if not its only 5 more days.

If not, appeal if you feel your selection to be unfair.

Hope this helps.

Best wishes

Carol

Hi Carol,

Thanks for your response.

It is looking likely now that I have the choice of two other positions within my company, one which involves a £2000 per annum pay cut (and shift work days/nights), the other a 150 mile relocation (but with a slight salary increase), so I am very unlikely to be made redundant as I cannot really afford to not accept one of these two positions. And, I really don't mind doing the relocation anyway if they offer it to me.

However, regarding the choice to remove me from the site based role I currently have, I believe that the customer has a preference that it is myself that is to be removed from site out of the two of us here, and therefore my company is following the wishes of the customer who have a contract in place that no doubt allows them to express this kind of preference. I suspect that the reasons being given for me being chosen are wrong, as the HR person I have been dealing with has been especially nervous regarding following the procedure for asking me my opinion on any alternative courses of action etc.

Not sure I have too many choices available to me other than take on probably a lower paid job, then try and find a better job paying the same or more than I was previously earning.

Thanks again Carol.

best wishes

Frank.

Dear Frank

The decison is yours sadly. You do have the right of appeal but you have not said whether you took this option up. Also you could ask to review your personnel file to see if there is anything recorded on there. Your current redundancy consultation and all documentation, including selection should be on there. If not, ask why not.

See your rights to review your personnel file under Data Protection:

http://www.ico.gov.uk/what_we_cover/...rotection.aspx

Hope this helps

Carol

Hi,

A further update on my scenario now is that I am about to commence work in a new role within my company and have therefore avoided redundancy... apart from the fact I am on a 4 week trial, at the end of which I may still be made redundant.

This now makes me feel as if I have less rights than when I was going through the original redundancy process.

I am not overly happy with the role I am taking on as the hours of work, the pay and the job itself do not really suit, however it is much preferable than any period of unemployment!

I do still have other 'irons in the fire' regarding potential roles elsewhere, both within my existing company, and elsewhere. I feel that now because I am 'on trial' that it would look bad if my new manager thinks I am unhappy with the new role, and hears that I am still seeking alternatives, which leads me to fear being made redundant if I don't keep my ongoing search for a more suitable job secret, as they will think that I am unhappy/unwilling to stick with my new role.

I am not sure at all what is best to do.

Regards,

Frank.

Dear Frank

The 4 week trial is a 2 way period and if you feel that during this period that it is not suitable then you have the right to say so and your original redundancy still applies. The same is if they do not find you suitable in this role, although they must state why and then you have the right of appeal. So your original rights stay the same during this trial period.

I do hope that everything is in writing to you confirming all your rights in this period.

If you are not happy with the role itself then you must speak to your manager.

I regret that at the end if they dont say you are unsuitable at the end of this trial period and neither do you that the new position is then confirmed and the right to redundancy is foregone.

Therefore, the decision is yours as to what to do.

Hope this reassures you that your rights remain during this trial period.

Best wishes

Carol