BENSON'S LAW.

Byline: NICKY BENSON

Q

A few weeks a go. I had a discussion with an employee in which I said I may have to make him redundant some time in the next few months. He left a few weeks later and has now written to me,demanding a redundancy payment, saying that the reason he left was because I told him he was redundant. Do I have to pay?

A

There is nothing wrong in an employer warning employees of the possibility of redundancies, where appropriate. In fact, adequate warning is an important feature of a fair redundancy procedure for employees. For a notice of termination of employment to be valid,by reason of redundancy or for any other reason,it must either specify the date the contract will come to an end or provide sufficient details from which that date can be positively ascertained.

A warning of only the possibility of redundancy does not fulfil that criteria and so is not a valid notice of termination. Based on your information the employee was not dismissed,but resigned of his own volition. As such, you do not have to pay him redundancy.

Nicky Benson, Cuff Roberts Solicitors, 100 Old Hall Street, Liverpool L3 9TD. Tel [phone],fax [phone] ore-mailnicky.benson@cuff roberts.co.uk