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Jenny McKenzie
Jenny McKenzie,
Category: UK Employment Law
Satisfied Customers: 5289
Experience:  10 Years of experience in Employment Law and HR
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Im being made redundant after 10 months of service on a full

Resolved Question:

I'm being made redundant after 10 months of service on a full time contract. Can I expect a severance pay? During the one month notice period, do I get benefits? Does the notice period run for 30 days from the time delivered or until the end of the next month?

Many thanks.

Rudy
Submitted: 1 year ago.
Category: UK Employment Law
Expert:  Jenny McKenzie replied 1 year ago.
Hello and welcome to Just Answer, you are not entitled to any statutory redundancy pay or other severence pay as you have not got adequate service I am afraid.

If your notice clause says 30 days then it would run from the day it is given not to the end of the next month.

If you have any further questions please do ask. If I have answered your question I would be grateful if you would give my answer a positive rating. Thank you and all the best.
Customer: replied 1 year ago.
Thanks Jenny.

Do I understand there is no difference between unfair and fair dismissal given the short tenure?

During the notice period, should benefits like holiday accruals and health insurance continue?

Best regards,

R
Expert:  Jenny McKenzie replied 1 year ago.
Hi, yes that's right, you cannot claim unfair dismissal until you have been employed for 2 years. The exception to that is if you are dimissed for a discriminatory reason contrary to the Equality Act 2010, this would be on the grounds of age,sex, disability, race, religion, sexual orientation, pregnancy or for raising a health and safety complaint (these do not seem to apply).

All benefits should continue during the notice period.

If you have any further questions please ask. If I have answered your question I would be grateful if you would give my answer a positive rating.

Thank you and all the best.
Customer: replied 1 year ago.

 


hi Jenny,


 


Finally, can the employer terminate the contract without giving me a notice period (1 month) but rather paying a basic salary for the duration of the notice period based on my contract?


 


My contract says

In order to terminate the employment under this contract, the Employer is required to give the Employee 1 months writter notice.

The Employer reserves the right to pay the relevant net basic salary in lieu of notice.

For the avoidance of doubt the Empyloee shall remain an employee of the Employer during the notice period and will continute to be bound by the the terms of this contract.

many thanks and best regards

R
Expert:  Jenny McKenzie replied 1 year ago.
Hi are you asking if this means they must pay in lieu of notice?
Customer: replied 1 year ago.


Hi Jenny,


 


I want to know whether under the UK Employment law the Employer can terminate the contract without giving any notice period based on my contract.


 


The employer wants to pay net basic salary in lieu of the notice.

Expert:  Jenny McKenzie replied 1 year ago.
Hi this clause does allow them to pay in lieu of contract.

Your only remedy for failure to pay notice is to sue them in breach of contract (wrongful dismissal) and as the contract allows them to do this there is no breach of contract.

i would be grateful if you would now give my answer a positive rating a I am not otherwise credited for my time.

I will be happy to answer your follow on questions.
Jenny McKenzie,
Satisfied Customers: 5289
Experience: 10 Years of experience in Employment Law and HR
Jenny McKenzie and other UK Employment Law Specialists are ready to help you

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