Redundancy notice period query - please help!

maddarlo

Hi there, I am a sub-editor on a local newspaper and could well be made redundant soon. We started our 30-day consultation period on Monday.

But I have a question about notice periods and contracts - as we get our notice period paid tax-free on top of the redundancy sum.

When I became a sub in 2001, my notice period was four weeks.

I became web editor at the start of 2007, I got a new contract and my notice was increased to three months.

I returned to my old subbing role in March 2008 - but I was NOT given a new contract.

Sooooo, what is my notice period?

Is it four weeks because I returned to being a sub, so maybe they assumed I'd return to my first contract?

Or is it three months because that's what it says on the last contract I signed?

I'd be really grateful for some expert advice here as the difference between the two is about £4k - A LOT of money to someone who's about to lose their job.

Thanks very much for reading.

McKneff

As far as i am aware you are entitled to 1 weeks notice for every year you have been with the company up to a maximum of 12. I would have a look on the ACAS site. I am just a normal worker, my contract says 1 month but i have been made redundant before on a weeks notice contract but because i have been with the company 7 years i got 7 weeks notice. Please check though

BlueIsTheColour

Notice is 1 week for every year you have worked there, up to a max of 12weeks, so you said you became a sub in 2001, so that would potentially mean you would get 7 or 8 weeks notice dependant on completed years worked, unless you worked there in any other capacity before? However, the contract you are currently on provides for 3 months notice, but your job has changed, did anything else change when you went back to becoming a sub? A contract amount over-rides the statutory notice if it is greater than the statutory provision.

Where you mention your notice is 3 months on the newer contract, is that the notice you are required to give or the notice the employer will give you should they terminate? That is what the important thing is, what the employer notice is, not what yours would be...

maddarlo

Hi Annie. Thanks for your reply.

I get two and a half weeks pay for every year I've been with the company - but the notice part is on top of that.

As well as the main redundancy money, I'd also get paid my notice money - so, four weeks' pay or three months' pay. It's that bit I need to check out with you guys.

maddarlo

Blue is the Colour, here's what my contract/s say:

Notice.

Old sub-editor contract:

If your employment continues after the end of your probationary period, you must give four weeks notice in writing to terminate your employment.

The notice you are entitled to receive from the company is one week in each full year of service up to a maximum of 12 weeks

New web editor contract:

If your employment continues after the end of your probationary period, you must give three months' notice in writing to terminate your employment.

The notice you are entitled to receive from the company is also three months.

I'm now getting really confused!

As for what changed, the sub job is the same as the first time I did it - but very different from the web editor job!

Help! :-)

BlueIsTheColour

Hmmm, thats a tough one, they could well argue that you obviously agreed to return to your old role and therefore old conditions, but if your pay or any other terms and conditions changed when you went back, then there should have been a new contract issued, so there could be the potential that you could challenge based on what the latest revision of the contract you have states? Not sure how you would get on though??? The only people who may know for definite would be an employment lawyer, sorry

How many completed years have you worked there?

The redundancy payment you have been offered is good and above statutory though, not that that is any consolation during times like these

McKneff

I can only echo Blue is the Colour's post.
Anyway, hopefully it won't happen, fingers crossed eh.
Good luck

NorthernG_2

I am in a similar position but reversed

My role changed on 12/12/08 but my contract was never changed to reflect this. My contract for my job prior to the role change stated 1 months notice however the new role is a 3 month period as standard across the business.

I was informed by ACAS that as I have taken the new role and had been doing the job that implied contract terms are in force meaning for me I now get 3 months notice / payment if I get made redundant

There is however an argument surrounding the contract. The company would have to prove that you were aware of the 1 months notice rule in your current role for implied terms to come in to effect