Working a notice - advice needed !

[Fax]

I'd appreciate some advice with a problem I'm having in getting my notice period shortened.

On 6th November I received a letter to say that my role was being made redundant. As a large company we were obliged to go through a three month consultation period, which ended in mid-January.

I received my formal notice of redundancy at the end of January, by which time I had already found a new job outside the company. Although I am contracted to work a three month notice period, my role effectively ceased to exist at the end of last year, and since coming back after Xmas I have had literally nothing at all to do in the office.

As a result of this, I asked my line manager if it would be possible to leave before the end of my notice period. Eventually we agreed on 15th February as an end date, which suited me well given that my new employers want me to start on the 25th.

Today we raised the issue with our HR department, who have stated that it is unlikely that I will be permitted to leave early. This is not because I am still needed - my line manager confirmed as much - but because, in HR's own words, the company does not want to set a precedent for others who have selected redundancy, and who also wish to leave early.

I am desperate to leave the company, given that I have no work to do and a new employer who would like me to start as soon as possible. Unfortunately, it appears that the company are going to force me to sit at my desk doing nothing for three months, for no other reason than to avoid 'setting a precedent'. The only way I can leave straight away is by resigning, which would mean forfeiting a redundancy payment of around 10k.

Can anyone advise on a possible next course of action, and indeed where I might stand legally if I was to resign and take the company to a tribunal ?

Many thanks.

[l19red]

unless you have a sympathetic manager then you;ll have to resign and forego the redundancy. the company is within its legal right even if morally its a twat

[navbasi]

Mate, unless you have something in writing, even an email from your manager saying that you can leave early I think you'll have to "work" your notice as that is what it says in your contract.

The only other way would be to go off sick, get a sick note from your doctor, most of them are happy to sign a note just to get you out of the surgery.. Go for stress as there are no tests to prove that... BUT you'd better be careful if you go and work for your new employer that the old one doesn't find out... it's tricky one, but it all depends on whether the new place is worth forfiting the the 10k for..

Good luck.. hope it works out for you..

[Fax]

Thanks for the advice - much appreciated.

I've spoken to a few people and it sounds like one road to go down is to serve 'counter notice' on the company, which is effectively me telling them when I'm leaving, and putting the onus on them to either accept or refuse the counter notice. According to our union rep, if they refuse and I leave anyway, I would still have a case for taking them to an employment tribunal as I'd still be classified as having been 'dismissed'

There's another issue around whether I'd get the contractual as well as the statutory element of the payout, but this takes us into some murky legal waters so if there's anyone with experience of contract law who has any further comments, that'd also be really useful.

Cheers
Fax