Can notice period be used to gain extra full year of eomplyment?

Tiny81

Hi all. Long time lurker, first time poster.

I'm currently in the process of being made redundant and we're currently in the consultation stage.

As it stands, I'm going to fall just short (two/three weeks) of being at the company for four full years by the scheduled closing date of the office. However, with the notice period I would be pushed beyond the four year mark and thus able to claim another full week of redundancy pay.

My question is, can notice period be counted towards your total time at the company?

APologies if this has been covered elsewhere, but I searched and couldn't uncover anything.

Thanks again.
T.

McKneff

Hello Tiny and a very warm welcome to the boards. I see it's your first post.

Dont know the legalities of it all and just using my common sense but to me you would be in paid employment until your notice period ends. (or being paid in lieu of notice, either way i would have thought the same.
I'm happy to be corrected though.

Have you tried contacting ACAS or looking on their website.

Tiny81

Thanks for your reply, that's exactly my way of thinking too. A colleague who started the same day as myself has just had his conultancy meeting and he was given the impression notice period doesn't count but "they'd look into it".

Also, if anyone has a definite answer could they also point me towards a link where I could go armed with proof that they're wrong.

Thanks again.

McKneff

I'll keep an eye out for you.

simonleblank

I was in a similar situation and your notice period does qualify you for the 4th year.
HTH

McKneff

simonleblank wrote: »

I was in a similar situation and your notice period does qualify you for the 4th year.
HTH

I believe you but how do you know, do you have a link to something the OP can print off and take to work.

RobertoMoir

Only anecdotal support here but this happened to me - I went past my employment anniversary date during my redundancy notice period, and it was counted as a year completed in service.

getmore4less

Notice does count towards redundancy calculation.

the term you are looking for is "relevent date"

http://www.opsi.gov.uk/acts/acts1996/ukpga_19960018_en_14#pt11-ch2-pb3-l1g145

simple version(there are other links that suport this)

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



AIUI if given PILON it does not count towards extra notice payments.

Tiny81

Thanks all for the brilliant replies.

I've checked the links posted above and they are a great help.

I have my consultation meeting later today so I'll let you know how it all goes later if I remember/have time.

Thanks again.

Tiny81

OK, thanks again for all the help.

It seems that, as stated earlier, that PILON is going to be an issue with me trying to use my notice period to scrape another full year of service at the company. It's going to be "looked into".

Thanks again.

Uncertain

Tiny81 wrote: »

OK, thanks again for all the help.

It seems that, as stated earlier, that PILON is going to be an issue with me trying to use my notice period to scrape another full year of service at the company. It's going to be "looked into".

Thanks again.

Your employer can only give you PILON, rather than let you work the notice period, if you agree otherwise they are in breach of contract.

However, you may have already agreed to this by means of a clause in your employment contract.

If there is no such clause then it may be worth your while to refuse the PILON. You employer cannot legally avoid their obligations by breaching your contact.

You need to take advice on this, at least from ACAS, but check your contract carefully and have it to hand when you phone.