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Category: UK Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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I am 60 years old - female I have worked for 13 years full

Customer Question

I am 60 years old - female I have worked for 13 years full time I am facing the
prospect of redundancy and would like to know what my rights are and redundancy allowance and how many weeks am I allowed to work after notice.

Thanks

Margaret
Submitted: 4 years ago.
Category: UK Law
Expert:  Thomas replied 4 years ago.

Hi Margaret,

 

Thanks for your question.

 

You will be entiteld to the statutory minimum notice period under Employment Rights Act 1996 which in your case, because you have worked for 12 years or more, is 12 weeks. Note that your contract of employement may state a longer notice, if it does you will be entitled to receive that.

 

You have the right to to be unfairly selected for redundancy, and you may have a claim for unfair dismissal if you are. Your employer must apply selection criteria consistently to each employee under consideration. Such criteria includes attendance records, disciplinary records, skills or experience, standard of work performance, qualifications, and apititude for work.

 

If the criteria or their application is discriminatory on the grounds of your sex, race, religioin, disability or age then you will have a claim agianst your employer for unfair dismissal and possibly discrimination as well.

 

Certain reasons for which you can never be 'fairly' selected for redundancy include asserting a statutory right, working time issues, parental leave, trade union activities, whistle blowing, health and safety.

 

You will also be entitled to receive as a minimum a redundancy payment of not less then the statutory minimum, you can work out what that is here:-

http://www.direct.gov.uk/redundancy.dsb

 

If this is useful please kindly click accept so that I may be rewarded for my time. It will be gratefully received and you will be free to ask follow up questions.


Kind regards,

 


Tom

 

 

Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6587
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and 4 other UK Law Specialists are ready to help you
Customer: replied 4 years ago.

If they ask me to leave before my 12 weeks notice. What am I entitled to.

 

Thank you

 

Margaret

Expert:  Thomas replied 4 years ago.

Hi Margaret,

 

Thank you for your kind accept.

 

If your contract as a payment in lieu of notice clause then they can pay you for your notice period so that you do not have to work your notice period.

 

If there is no such clause then they can only ask you leave before the 12 week notice period if they offer to pay you in lieu of the time you are not there. It is up to you if you accept the money or choose to work out the notice period.

 

I hope this clarifies.

 

Good luck

 

 

Tom

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