UK Employment Law
Ask an UK Employment Law Question, Get an Answer ASAP!
My employer confirmed that I will be paid my final salary until end of June/2011. In addition they will pay me 6 weeks redundancy payment.
Now, my question is: Do they still need to keep me in employment as a result of 6 weeks' notice period ending on 20/07/2011 (6 weeks from 08/06/2011)? Then, pay me additional 3 weeks salary for the period from 29/06/2011 (termination date) to 20/07/2011 (end of 6 weeks period).
From my contract:
"6-a) Should the Company wish to terminate your employment, for reasons other than gross misconduct, you will be entitled to notice as follows; up to 8 months service 2 weeks, 8 months to 2 years' service 6 weeks; 2-6 years' service 6 weeks; thereafter an extra week's notice will be given for each full year of service up to maximum of 12 week's notice after 12 years' service, such notice to expire at any time."
"2- Your employment will commence on 1 October 2007 (your "Start Date").
Your commencement date for statutory purposes is 16th September 2005 as continuation of your employment from ....."
"8- On termination of employment you will be paid in lieu of any accrued but unused holiday entitlement, the Company reserves the right to deduct holiday pay form any sums due by it to you."
Assuming the formal notice of redundancy was given on 8 June, you are entitled to be paid for the 6 weeks after that (you don’t have to be allowed to work them and can be paid in lieu), any accrued holidays that include this 6 week period and your redundancy payment on top of that. So to answer your question – they do not need to keep you in employment until 20 July, they can terminate your employment earlier and pay you in lieu for the remainder of your notice
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).