Made redundant - Are they paying me enough?

[lucyec]

Hi All, I wonder if anyone can help me with this. I was informed at 4.30pm last monday (7/1) that my job has been made reduntant, I was to go home and not come back. My official confirmation letter of this I received on Saturday (12/1). Now according to my contract, I was under the impression that I could only be given notice in writing, therefore I assumed that I would be paid from 1 Jan 08 - 26 Jan 08, as this would include days already worked as well as 2 weeks notice from the date of receipt of the letter. My contract states:

(b) Notice can be given at any time and unless stated will run from the time that it is given.
(d) Any notice required to be given shall be in writing and shall be deemed to be sufficiently served by either party if such notice is either delivered personally or sent by prepaid first class post and addressed to the party to whom such notice is to be given. In the case of the employee this will be the last known address and in the case of the Company at its registered office. Any such notice if so posted shall be deemed served on the day following that on which it was posted.

My former employer is arguing the point that

As stated in the contract at point 13 b and d - notice can be given at any time, and as you clearly note, it must be in writing. However this does not mean that notice cannot be given personally, i.e verbally, and confirmed in writing shortly afterwards, as is the case in this instance.

I can accept that the section of the contract that you are referring to infers that date of written notice means date deemed as given, but this is a reference to the instances where no discussion or other similar communication has occurred prior to the offer or receipt of a written notice. Examples of this may include when an employee sends in their resignation without having had a discussion with their manager or where an employer dismisses an employee who is away from work without permission and therefore unavailable to attend a meeting.

With the above in mind the payments due to you shall be those as confirmed in the letter dated 11th January 2008, i.e paid as normal from 1st until 7th January inclusive. Followed by 2 weeks paid notice.

I feel like they are making up their own rules to suit themselves.

Maybe I'm barking up the wrong tree here, but with a young family to support I need every penny and am not looking forward to having to live on half a month's pay. Not to mention having to find another job pretty damn quick.

Would anyone be able to tell me where I stand please?

Sorry for the long post. Thank you

[Ell-enn]

Hi there, I'm sorry to hear you are in this situation. In order for me to advise you correctly can you tell me how long you have been employed by the company?

Kind Regards

Ell-enn

[lucyec]

Hiya, thanks for your reply. I've been employed there for 8 months, so according to my contract I only get two weeks notice. Hope this helps!

[Ell-enn]

Unfortunately as you have been employed for less than a year you are not entitled to redundancy, and given their interpretation of the wording in the contract, I'm afraid I can't see that there is much you can do.

I'm sorry I can't give you more positive advice (I wish I could) and understand you will be disappointed but I'm afraid that is the situation as I see it. I hope you are soon able to find suitable employment.

Kind Regards

Ell-enn

[lucyec]

I realise I'm not entitled to redunancy pay (more's the pity ), I was more concerned about being paid my normal wage! The letter was sent on the 11th January. I was under the impression that I should have been paid from 1 Jan - 25 Jan, which would include days already worked as well as the two weeks' statutory notice period from the date of the letter. They're telling me that verbal notice is enough and I'll only get paid from 1 Jan - 18 Jan, which is days already worked plus 2 weeks' notice from 7 Jan. I'm confused!! I don't think its fair that the contract can be interpreted in different ways, surely it leaves it open to abuse?!

Thank you anyway though, I appreciate you trying to help. Guess I'll just have to live on the half a wage this month and hope that something else comes up really soon!!