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FAQ Item

We have almost finished a redundancy procedure, making an employee redundant who is in a one-off role. He is now working out his notice. We have just received a resignation from another employee which was completely unexpected. This creates a vacancy, which is different from the post held by the employee, soon to be dismissed by reason of redundancy, although we are fairlysure that he could do the job. How should we proceed? Should we withdraw his notice?

To be fair you will have to tell the employee working out his notice that there is now a vacancy and let him know the full details. It will be up to him whether he considers applying for the post. He does not have to do so and could continue to work his notice and take his redundancy pay. You cannot withdraw his notice. Notice continues to run once it has been given, unless both the employer and employee agree to end the notice early, for example, if he were to be successful in applying for the new post. It is unlikely that the vacancy would be considered to be suitable alternative employment as you have said that it is a different role. However, if an employee does refuse a suitable alternative role, he would forego his redundancy pay.