UK Employment Law
UK Employment Law Questions Answered by Verified Experts
Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today.
How long have you worked there please?
Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. What exactly does your contract say about notice?
worked there 24 years, contract says 3 months notice
For Ben Jones
ok so you were officially issued with notice of redundancy on 18 Oct and this is the first time you were informed about your employment terminating?
no, told verbally in April, been waiting for the paperwork
but was the termination of employment confirmed in April or were you just told that you may be made redundant
was told redundant but no date
date confirmed in letter
and this was done on 18 Oct?
Do they expect you to work any time after 18 Oct?
yes, until 31st december
and you are getting paid for that time obviously?
my point is that the contract states 3 months notice... it isnt 2 months, I assumed PILON payment would be 3 months salary
oops it isnt 3 months..
Ok the notice period would start to run from the time it has been formally communicated to you. His did not happen until the 18 Oct. So once it has been formally communicated to you then you can start the 3 month period. You can be asked throughout the notice period or be paid in lieu. In your case you are being asked to work for part of it and be paid in lieu for the remainder. So out of the 3 months notice period you would be working for the period 19 Oct - 31 Dec. After that you have an extra 18 days left of your notice period which your employer can pay you in lieu of notice. So in the end you are still getting 3 months notice as per your contract, you are just being asked to work for most of it, which is normal.
That is interesting, a work colleague of mine (but different department), is in a similar situation, leaving on/working until 31st December but has received PILON payment as full 3 months .. in addition to salary!
as far as your legal rights are concerned, the above is your position. the employer is free to make additional payments to employees but that is at their discretion and it does not mean that everyone else would be entitled to the same.There could be specific circumstances which have prompted this move by them but as far as the law stands, you can only really claim for your contractual entitlement, which has been given to you
OK, thank you. Bye.
Good night and all the best
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