Redundancy calculation and years service

radar24

Hi people,
I have a query with regards to the years service I have worked and what my company want to pay me. Here is my situation:
I am just about to be made redundant on the 6th of august, I started work on 9th august 2004.
I work days Monday to Friday so my company have only offered me 5 years payout. My argument is that I have by the end of the 6th have worked my 6 years so should be owed 6 years redundancy money.

Can anyone clarify legally were I stand?


Any help would be greatfully received.


Many thanks

getmore4less

The date used to calculate service is the end of the notice period so it does depend when were you given notice of termination.

Edit
One factor they may have missed is you need min 5 weeks notice if they only gave you 4weeks/month they may have messed up

Bean_Counter

Based on the dates you supplied, the company would appear technically correct, harsh as it may seem. Can you appeal the redundancy decision in the hope to spin it out for another week or so and qualify for the extra year?

SarEl

Bean_Counter wrote: »

Based on the dates you supplied, the company would appear technically correct, harsh as it may seem. Can you appeal the redundancy decision in the hope to spin it out for another week or so and qualify for the extra year?

Appealing the decision does not stop the clock, so this would not work.

radar24

Thank you all very much for your quick answers. I am always amazed by how quick and helpful people are here.

It's not exactly what I wanted to hear, but none the less I have clarification.
I might be able to stretch my days over the 9th if I am fortunate, so all is not lost.

McKneff

i can see what you mean, if 9th of August was a Monday and 6th August was a Friday then you have technically done your six years.

Might be worth arguing the case.

getmore4less

So when did they give you notice and how much?

becominganobsessivesaver

Your years of service is based on the effective end date of service. This is when your statutory notice ends (or would end if you are getting payment in lieu). I spent the whole weekend Reading the employment act to confirm this. Our situation was similar dates, notice given before complete year, with payment in lieu, taking into the next year. We got the original 4 years changed to 5, making a bad situation a bit more bearable!

Pete111

becominganobsessivesaver wrote: »

Your years of service is based on the effective end date of service. This is when your statutory notice ends (or would end if you are getting payment in lieu). I spent the whole weekend Reading the employment act to confirm this. Our situation was similar dates, notice given before complete year, with payment in lieu, taking into the next year. We got the original 4 years changed to 5, making a bad situation a bit more bearable!

The above is correct - your statutory notice (if paid in leiu) still counts forward in principal to your notional length of service.

Have you been working out your notice period or are you being paid this?

If you have been working this, was the point at which your employment was confirmed as being terminated (ie the date you got the letter confirming the redundancy) less than 5 weeks prior to the 6th August?

If you can confirm the exact date your redundancy was confirmed I can advise you better but it may well be good news here.

radar24

Pete111 wrote: »

The above is correct - your statutory notice (if paid in leiu) still counts forward in principal to your notional length of service.

Have you been working out your notice period or are you being paid this?

If you have been working this, was the point at which your employment was confirmed as being terminated (ie the date you got the letter confirming the redundancy) less than 5 weeks prior to the 6th August?

If you can confirm the exact date your redundancy was confirmed I can advise you better but it may well be good news here.

Hi, the hr1 form was approved by the government for the date of 7th august, so the redundancy will take place on the 6th and followed by 5 weeks notice which they will not make me work.

Pete111

radar24 wrote: »

Hi, the hr1 form was approved by the government for the date of 7th august, so the redundancy will take place on the 6th and followed by 5 weeks notice which they will not make me work.

Ok this is good news.

As above and as confirmed via a conversation last month with my employment lawyer, your statutory notice must be considered in terms of length of service.

An employer cannot use PILON to contract out of this. In your case your length of service will run until 6 weeks from the 6th August as you accrue an extra weeks notice from the 5 weeks notice you had by rights on the 6th August (if that makes sense?).


As such your redundancy pay must be based on 6 years service NOT 5 .

In addition you should be entitled to 6 and not 5 weeks notice.

You should raise this immediately with your employer. If they do not agree then a call to Acas should put them right.

Good luck