Q: A manager called an employee into his office to discuss the employee’s ongoing work situation at the end of the current project. Although they are a permanent employee, there is no other work currently available.

At the time the manager said, “I need to speak to you”, the employee said, “I need to speak to you too”. The manager made mention of no further work, but did not specifically say that the employee would be made redundant. The employee then advised the manager that he was going to resign anyway.

I have looked at the Employment Law Practical Handbook and in chapter R2 Redundancy and Retrenchment, it says redundancy pay may not be payable in this circumstance. My opinion is that he resigned, so it is not payable, but considering there are a number of workers all being made redundant, is paying the redundancy to this worker fair?

A: If the employee has resigned from their employment, the reason for their employment ending is not redundancy, and the employee will not be entitled to redundancy pay.

Please note: The answer is correct at the time of publishing. Be aware that laws may change over time. Refer to Resignation and Redundancy and retrenchment for current advice.