Redundancy Notice Periods

Mythi

I'm being made redundant at the end of August. I have had nothing in writing yet (I am due to return to work from sick leave on 28th June) however my employer has mentioned the following:

1- 30 September PILON
1 October 13 weeks redundancy pay (11 years service, current age 45, will be 46 in August)

I have asked them to confirm this in a letter but he said he will do it once I am back at work.

As far as the notice period goes, how does it work? The above seems to point to them giving me one months notice however my letter of appointment makes no mention of notice periods (I have never received a formal contract of employment...its a small company of less than 5 employees).

From Direct.gov

Redundancy notice periods If your employer has selected you for redundancy you must be given a notice period before your employment ends. The statutory redundancy notice periods are:

• at least one week’s notice if you have been employed between one month and two years
• one week’s notice for each year if employed between two and 12 years
• 12 weeks’ notice if employed for 12 years or more

However, you should also check your contract of employment because your employer could have set out longer notice periods.

As there is no mention of a notice period (employer or employee) in my letter of appointment would the above not come into effect?

Any help would be appreciated.

Fosseboy_2

Looks like you are on notice from a date in July.......the PILON is pay in lieu of notice and could be the balance of the 11 weeks statutory notice. Prior to that there is a consultaion period of a couple of weeks or so.
You need to ask for a letter. Ask if redundancy consultation has started?
Is your redundancy genuine or because of sickness?
Check out the ACAS site and call them for advice.

Mythi

ejohnstacey wrote: »

Looks like you are on notice from a date in July.......the PILON is pay in lieu of notice and could be the balance of the 11 weeks statutory notice. Prior to that there is a consultaion period of a couple of weeks or so.
You need to ask for a letter. Ask if redundancy consultation has started?
Is your redundancy genuine or because of sickness?
Check out the ACAS site and call them for advice.

Thanks.

The redundancy is genuine. The company are relocating some 100+ miles away, I don't drive and cannot relocate due to family responsibilities (I care for my disabled mother). I am also the only person being made redundant.

I will ask him again for everything to be put in writing, once I have received it I planned to speak to ACAS to ensure that everything was above board/correct.

markandkate

PILON is just that pay in lieu of you working your notice It is as compensation paid by your employer to compensate you for the fact that they have breached your contract and not given you notice. As stated the statutory minimum will alwasy apply unless your contract is more generous.

You are entiled to one weeks notice for every year to a maximunm of 12 weeks. If you have been told that you are going to be made redundant then it is likley that you are now in your notice period and you will be paid the balance when your contract is terminated Just because it does not mention the word notice the intention to terminate your employment on XXX date is sufficient.

What are you being paid? If you are just getting SSP then that may be why they are asking you to wait until you return to work as you would then be entitled to your wages instead

getmore4less

I think you need clarification of your termination date and when notice started and if they intend to give full notice as PILON, don't mention the 11 weeks till you get full PILON in writing then point out they got it wrong and owe you more money.

Not sure you have been given proper notice of termination yet so the notice clock may not be ticking yet if they plan to only give you residual PILON allthough there is still time(14 july is the cutoff date).

if you are getting terminated 1 Sept with PILON then thats when the redundancy is due to be paid. they may mean garden leave which is not the same as PILON.

When did you start employment, you may be entitled to more redundancy than they are giving you. your notice is included in calculating service for redundancy and holiday pay.

5weeks at 1.5x(service over 41) and 6 at 1x should be 13.5.
(you work back from the end date to calculate service)

Don't forget the holiday that has been acrrued while off sick also needs to be taken or paid.

IME(limited) it is normal for companies that pay PILON do it for the full notice period.

When does the office close?