Lieu of Notice payment

[aeiou1]

Can someone please tell me, I have 6 years service that will be 7 years on the 20th of September.

The end of redundancy consultation period is defined as 2nd of September. My notice period has been stated as 6 weeks, however at the END of that period, my service would have been 7 years. Can anyone confirm to me whether I should be due 6 or 7 weeks notice? It is usual for the company to pay in lieu of notice so I am using that as an assumption.

 

Thankyou in advance.

 

Also can anyone tell me what information I should have been given at the start of the process. ( less than 20 people affected ) I have been given the 2nd as the end of the consultation period, but was never actually told the period had started!!!

 

Thanks again.

[aeiou1]

Since then, theyve told me I will be elligible for 7 years redundancy pay but 6 weeks in lieu of notice, can anyone confirm thats correct please?

Thankyou

[RosaofEdge]

Entitlement to notice will be governed by your contract of employment/statement of terms, but is subject to a statutory minimum period.

 

Entitlement to statutory notice is one week for each complete year of employment. So if you have 6 years and 50 weeks at the date notice is given you are entitled to 6 weeks.

 

However redundancy payments are calculated by referrence to the number of years of service you have at the effective date of termination. So if working out your notice takes you past the 7 year point....

[aeiou1]

Thankyou for the reply, but it doesnt really answer my question.

I am asking that because my service WOULD be 7 years, IF they told me to work my notice, however I already know they will be paying me in lieu of notice. Therefore will my effective date be from the date they pay in lieu of notice, or from the date the notice would have ended IF theyd requested me to work it? Since them paying me in lieu of notice could see me worse off by 1 years service, surely theres something that says it would be 7 rather than 6?

Thankyou

[RosaofEdge]

In circumstances where you have 6 years completed service but would have 7 if the employer gives you statutory notice....

 

Your entitlement to a redundancy payment will be based on 7 years service whether you are dismissed with notice or dismissed without notice.

 

But your entitlement to notice is based on the service you have at date they either give you notice or dismiss you without notice.

 

So I think that 6 weeks pay in lieu of notice but a redundancy payment based on 7 years is correct.

[aeiou1]

Thankyou.

I wish there was a place that had all this information.

Theres a lot of websites for redundancys when 20+ people are affected but hardly any information on right or proceedures when

Does anyone know any useful sites on basic rights and proceedures?

[RosaofEdge]

The best place to start would be the ACAS Advisory booklet on redundancy

 

http://www.acas.org.uk/CHttpHandler.ashx?id=877&p=0

 

The main ways to challenge a redundancy dismissal as being an unfair dismissal are:-

 

There is not a redundancy situation and the dismissal is for another reason

That you have been unfairly selected for redundancy

That the employer didnt follow a fair procedure eg. failing to consider you for redeployment, failing to follow his own written procedures.

 

All are fraught with technicalities... but if you believe that any of these apply in your case you should put in an appeal against dismissal or a grievance about unfair procedures being followed dealing with the points.

 

There was a big watering down of individual procedural rights on redundancy as a side wind of repealing the Statutory Disciplinary and Grievance Resolution procedures in April this year, so the law is still settling down again.

 

But start with the ACAS code and the employers own written procedures on dismissal, redundancy or selection. This is an area where you should probably seek individual advice if you consider any aspect of how your employer is proceeding is potentially unfair.