Is this allowed?

kmm5000

Hi hopefully you can answer this for me. We were recently brought out by a larger company and they have decided to close our office down so redundancies have been given to 16 of us. No all of my colleagues have been given a finishing date of the 30th of April however I am the only one to have been told my last day is 5th of March. Is the acceptable or allowed?as I am feeling really low and victimised at the momen.and isolated with my colleagues.

I feel the reason they have done this is because if I was given a finishing date of 30th April then I would have racked up 5 years service instead of the 4 I am currently at. Very low by the powers that be if so, so I really appreciate any advise you can give

Anihilator

I don't see why not.

triggerhappy_2

Surely they need to give you at least a month's notice? Do you do exactly the same job as your colleagues?

POSSETTE

our rules for notice is a weeks notice for every year you have been there.up to a max of 12 weeks.As i have 16 yr service i would get 12 weeks but my friend would only get 8 and we do same job.Find out what your agreement is,presuming you have a union agreement that is!

kmm5000

Anihilator wrote: »

I don't see why not.

Haha straight to the point, I like it :T Thanks for the no messing reply but it just seems a horrible thing to do isolating one bloke at a business where 16 worked, I will just take it on the chin and get looking for a new job.

kmm5000

The consultation period ends on the 5th of March which is looking like it will be my last day. I dot he same job as another one who has been allowed to stop on until the 30th of April hense me asking if it was legit for the comapny to do. Guessing with the replys it is.

Also no union I am afraid we have all had to muddle through the best we can which has been a nightmare if I am honest.

getmore4less

Redundancy should be based on your finish date as if you had worked your notice even if they give PILON

you are due 4 weeks or contractual if more.

http://www.direct.gov.uk/en/Employment/RedundancyAndLeavingYourJob/Redundancy/DG_174330

Relevant end date for your years of service


The number of weeks’ redundancy pay you should receive is worked out up until a set ‘relevant date’. It is important to know when this date is so you can work out how many full years of continuous service you have.
The 'relevant date' can be a number of dates. In most cases it will be the date when your employment ends (eg the last day of your notice period). In some situations it will be different:

• if your employer gave you a statutory notice period until a set date, then changed your notice period to finish earlier - the relevant date will be when your notice should have finished before it changed
• if you are on a trial period for another position within the company and your employer lets you go because the work is not suitable - the relevant date would be when your original contract ended before the trial period
• if you do not have a statutory notice period (eg because of a payment in lieu arrangement) the relevant date would be when your employment contract would have ended if you had a statutory notice period

What are the relevent dates for you service and when did they actualy give you notice?

I would exersice your right to consult on the selection and choice of this date and if thet does not resolve the situation and you feel it was unfare then you could consider a grievence that the selection of date was to avoid a years service, any reason that the other person could not have been selected if you do the same job?

Check with ACAS.

RobertoMoir

kmm5000 wrote: »

The consultation period ends on the 5th of March which is looking like it will be my last day. I dot he same job as another one who has been allowed to stop on until the 30th of April hense me asking if it was legit for the comapny to do. Guessing with the replys it is.

Also no union I am afraid we have all had to muddle through the best we can which has been a nightmare if I am honest.

Giving different notice periods to a group isn't a problem AFAIK. I once worked for a company that closed its operations down gradually in one computer datacentre, scaling back the work done (and hence staff needed) in stages, giving notice to groups of people as appropriate all the way down to a finally "closing out crew" - those of us who were there to the bitter end.

But the notice period is included in your length of service. If you haven't been served notice yet, they can serve you notice on the 5th of march, say, and ask you to leave straight away but the month's notice is still part of your service whether you are there or not. I was paid for that at this old job (in fact they made a point of keeping me on because it _did_ bump my redundancy up by another year's worth, my bosses there were not a bad sort) and the documents I got at the time made it quite clear that my leaving date was the end of the notice period, not the last date I worked.