What counts as redundancy notice?

Spidey77

My wife is facing redundancy and has been sent a letter advising that she will finish on 30th June. She has been with her employer for 5 years. However, the letter doesn't tell her definitely that she is being made redundant, only that she is at risk of redundancy, along with the proposed date. Does this count as notice? If not, she would need to receive official notification on Tuesday 26th May so that she has 5 weeks notice.

LittleVoice

Has she been invited to a meeting to discuss the matter?

Spidey77

She's been invited for a discussion. The exact wording is: 'I will now be entering into a process of consultation with you to try to ascertain whether you have any ideas to avoid the redundancy and whether there are any other suitable alternative vacancies, should this not be possible...I will meet with you on 1st June 2009 to discuss any proposals you may have.'

Mudd14

If they have set a date to that the redundancy takes place if she were to be selected i would assume hey are giving notice now, funny way of doing it but it may be something they have seeked advice on.

I would ask them at the meeting to clarify this.

Pete111

Hi

No notification of redundancy has been given, your wife is simply entering the consulation to discuss whether or not this will occur. At the point where the consultation ends, she will have a final meeting and receive a letter formally confirming the redundancy (assuming the redundancy does go ahead).

At this point the company may ask your wife:

1) to work (or go on gaden leave) for the period of her contractual notice which ends at the final termination date
2) to take a PILON (Payment in leiu of Notice) with the termination date falling earlier. (often almost immediately)
3) a combination of 1 &2 - ie work part of her notice and get paid out for the remainder

She should definately NOT consider the period of her consultation as part of her notice period and the company should not either - doing this will likely disadvantage her finacially and is not correct as regards employment law.

hope this helps

Spidey77

Thanks for the replies everyone.

This is interesting - If they take their letter as formal notice of redundnacy, they haven't given a consultation period, and she can nail them. If they don't take the letter as formal notice, then the notice period is too short, and she can nail them. It will be worth it to let them mess it up and then sue them. As far as we see it, the only way they can do it properly now is to have the consultation period followed by 5 weeks notice - we're counting on them messing it up

RobertoMoir

Spidey77 wrote: »

Thanks for the replies everyone.

This is interesting - If they take their letter as formal notice of redundnacy, they haven't given a consultation period, and she can nail them. If they don't take the letter as formal notice, then the notice period is too short, and she can nail them. It will be worth it to let them mess it up and then sue them. As far as we see it, the only way they can do it properly now is to have the consultation period followed by 5 weeks notice - we're counting on them messing it up

Why do you want them to mess it up?

They might be intending to make her redundant on the 30th of June and give pay in lieu of the notice period after that date.