I was given 4 weeks redundancy notice whilst on maternity leave due to lack of work, but this has now been withdrawn since my boss has realised the cost of a redundancy payout. However, he has also told me the company is close to going bust. Can he do this?
If an Employer wishes to withdraw notice of redundancy they will require the Employee’s express permission. This is because once notice of redundancy has been given, it is legally binding and cannot be withdrawn even during the notice period. So your employer is not acting legally by just withdrawing notice just to avoid paying you a redundancy payment and you do need to advise him of this and your right to this payment.
If the Company goes bust and you are owed redundancy payments you would need to contact the Government’s Insolvency Service Redundancy Payment Office who will be able to help you. For more information on this look at the governments website www.directgov.co.uk
or even ring Inland Revenue who would also be able to advise on this.
Whilst every care has been taken in compiling this answer, WorkingMums cannot be held responsible for any errors or omissions. This information is not intended to be a substitute for specific legal advice.