Voluntary redundancy whilst off work

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I've been offered voluntary redundancy whilst off work with breast cancer treatment. I have been told I'm not entitled to the twelve week paid notice. Is this correct? 

  • Hi  

    It’s Megan here from Macmillan’s Online Community team. I am just replying to your post to let you know our Work Support Team has received your questions and will get back to you as soon as they can. During busier times it may take the full 3 working days, but they usually aim to respond sooner.

    If you need support in the meantime, please do contact the Macmillan Support Line teams on 0808 808 00 00 from 8 am to 8 pm every day. They can offer emotional, practical, and financial help alongside a listening ear if you need to chat.

    I hope you’ll continue to connect with others in our cancer forums and if you need any help using the Community for support, please do contact the Online Community team.

    Best wishes, 

    Megan
    Macmillan's Online Community team

  • Hi  

    My name is Linda and I am one of the Work Support Advisers on our National Support Line. Our Team can advise on your Rights at Work if you have been affected by Cancer.

    I am sorry for the delay in responding to your question.

    I would advise that you consider the voluntary redundancy decision carefully to ensure it is the right option for you.

    As you have a Cancer Diagnosis , you have protection from disability discrimination under the Equality Act 2010 (or Disability Discrimination Act 1995 if you live in Northern Ireland).  Both Acts define cancer automatically as a disability, which means anyone diagnosed with cancer is considered to be disabled.  Under the Acts, providing your employer is aware of your diagnosis, you should not be discriminated against because of it. Your employer is duty-bound to make reasonable adjustments to support you at work if needed. Importantly, this protection is lifelong and does not depend upon an active cancer diagnosis.  

    Our publication “Your Rights At Work” explains more about the Acts and how you are protected in the workplace.

     

    When a redundancy situation arises, whether it is voluntary redundancy or compulsory redundancy there is a statutory minimum notice period and redundancy pay that applies. An Employer may not pay less than the statutory limits but can offer to pay you more than statutory redundancy if they wish.

    The Statutory Notice Period is 1 weeks’ notice for every completed  year of service but has an upper limit cap of 12 weeks notice for anyone who has more than 12 years’ service with an organisation.

    I have provided additional information on the notice period and redundancy below:

    https://www.acas.org.uk/notice-periods/when-an-employee-is-not-required-to-work-their-notice

    https://www.acas.org.uk/your-rights-during-redundancy

     

    I hope this has been helpful and answered your question on the redundancy notice period. Please do not hesitate to get back in touch with us if needed.

     

    Kind Regards

    Linda

    Work Support Advisor 

    Remember you can also speak with the Macmillan Support Line team of experts. Phone free on 0808 808 0000 (7 days a week, 8am-8pm) or by email