Hi there,

I hope I am asking this question in the correct section (Admins please change if not)

Can someone help me understand section 147 employment rights act 1996 ( in plain english) with regards to what it says about "initiating rights " to claiming redundancy.

my partner's job role as been made redundant.

There is an interim post on the table ( not very appealing) and also a "voluntary" redundancy package ( which is basically the minimum redundancy package) on the table.

My partner is wanting to understand the mortgage protection cover she has in regards to the above "voluntary" redundancy package.

The exclusion policy states.... you will not receive monthly benefit for unemployment in the following circumstances:

unemployment caused by or resulting from:

ii) any wilful act by you;or

iii) resignation or voluntary unemployment- for the avoidance of doubt this shall exclude voluntary redundancy where you initiated your right to claim redundancy under section 147 of the Employment Rights Act 1996

time is of the essence as a decision will need to be made early next week.. and this information will have a bearing on the decison

Many thanks in advance,

that section refers to laying off, which is a short term period of redundancy of a week without pay or 6 weeks withn a 3 month period, with no more than 3 weeks of those being consecutive.

In other words, they wont pay up if the redundancy is temporary or you resigned and claimed/are claiming statutory redundancy whilst being laid off, which is S150 not 147

So, either clarify what the insurance cover means or wait to be told she is being made redundant. there is nothing to stop her letting her employer know that the job offered is not really something she is after if there are several candidates.

Thread moved to correct forum.

The key words are "voluntary unemployment".

The definition carves out s147, which is about temporary redundancy. That implies to me that permanent voluntary redundancy would not be defined as "voluntary unemployment" and hence it would be possible to claim. However it is not 100% clear from the bit you posted so it would be worth double checking with the bank/insurance provider.