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Ben Jones
Ben Jones, Solicitor
Category: UK Employment Law
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Experience:  Expert in UK Employment Law
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I received my Notice of Redundancy” dated 08/06/2011. My employment

Customer Question

I received my “Notice of Redundancy” dated 08/06/2011. My employment termination date is 29/06/2011. I have been in permanent employment for 6 years and my company is paying me 6 weeks enhanced redundancy payment in accordance with my contract.

My question is "When does my notice of redundancy start?" and "How much should I be paid in relation with the date of my redundancy notice?"

a) I should be only paid for my 6 weeks redundancy package and stay in employment until 29/06/2011

b) I should be paid my salary until my termination date 29/06/2011 in addition to my 6 weeks redundancy payment.

c) My notice period of 6 weeks starts from 08/06/2011. Therefore, I should be in employment from 08/06/2011 to the end of 6 weeks’ notice period. As a result I should be paid 6 weeks’ salary until the end of 6 weeks’ notice period in addition to my 6 weeks redundancy payment.

My notice of redundancy mentions conversations regarding the notice of redundancy. I verbally told that my contract would end at the end of June/2011. The conversation took place between my manager and me only.

Would a verbal notice qualify for "Notice of Redundancy" and have any effect on redundancy notice timescales?
Submitted: 3 years ago.
Category: UK Employment Law
Expert:  Ben Jones replied 3 years ago.
Hello, thanks for your question. Please press Accept when satisfied with my answer. For now please let me know how long you have worked there for?
Customer: replied 3 years ago.
6 years
Expert:  Ben Jones replied 3 years ago.
Your notice of redundancy starts on the date the actual notice was issued to you, in this case 8 June 2011. If you are entitled to 6 weeks notice but are only required to work until 29 June, your employer can use the 3 weeks you will be working as part of your notice period and then pay you the remainder in lieu.

So the closest answer is option C – you need to be paid for 6 weeks starting from 8 June 2011. If you work part of this period you will be paid as normal and that will come off your notice period. The remainder, if you are not working, should be paid to you in lieu of notice, usually in your final salary.

Notice can be given verbally but it needs to be clear that it is formal notice of redundancy rather than a potential redundancy situation, etc. Ambiguous verbal notices should be challenged.

Please press Accept. I can expand my answer and provide more detailed advice and guidance as necessary and also answer any specific questions you may have. Thank you
Ben Jones, Solicitor
Satisfied Customers: 38526
Experience: Expert in UK Employment Law
Ben Jones and other UK Employment Law Specialists are ready to help you
Customer: replied 3 years ago.

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).

Expert:  Ben Jones replied 3 years ago.
OK, let’s start from the beginning:

1. What is your contractual notice period that you actually need to work if you leave your job?
2. Is there a clause in your contract that allows your employer to pay you in lieu of notice?
Customer: replied 3 years ago.

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."

 

 

 

 

 

 

Expert:  Ben Jones replied 3 years ago.
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Customer: replied 3 years ago.
OK. Thank you.
Expert:  Ben Jones replied 3 years ago.
No problem, all the best

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