Is VR classed as dismissal?

Blackbird10

Hi. I have applied for enhanced VR following restructuring and a decision will be made in March. I have been with company 7 years on 7th June and the date for redundancy is 7th April.
I have been told that as VR is considered dismissal I only get 6 weeks notice leaving me two weeks short of another year's entitlement. If I gave notice it would be two months and give me exactly seven years to the day! I also understand that if I was given pay in lieu of notice I would be well short, but gardening leave is considered service. Sorry if this is confusing, but the ? is can I achieve the seven years or will I miss it potentially by two weeks???
Thanks

getmore4less

The relevent date for redundancy is the termination date or longer if statutory notice would take you beyond that, so PILON still counts as service for redundancy calculations.

Whats the normal employer contractual notice you say yours to them is is two months why is theirs less?

It's all down to the date they give you notice of termination just make sure it is after 26th of April for 7 years.


Why not make it a condition of you accepting that you want 7 years service recognised and they can do the dates how they like.

its compensation they can pay what they like, if they need a relevent date on or after the 7th june to keep people happy let them work it out.

Blackbird10

Thanks.
They are saying that as VR is classed as dismissal the clause in my contract means they give a week for each year up to 12 weeks.
I think you are right and I guess I'll just have to negotiate.

Regards

getmore4less

What clause is in your contract.

All terminations by the employer are dismisal so it will depend on what it says about employer notice. perhaps post the actual wording.

It is usual to have equal notice then the mention of statutory where it make it longer.

Allthough some emplyers do have unballanced notice periods.
I would not be keen on having to give more notice that my employer has to give to me, I see that as unfair.

Blackbird10

Thanks.

This is clause in qestion:

As a manager the 2 mth period is relevant.

Termination of Employment

21.1 During your probationary period, you are entitled to receive, and must give, a minimum of one week’s notice of termination of employment.

21.1.1 Following satisfactory completion of your probationary period you are entitled to receive notice as follows:

Period of continuous service Notice

Up to 5 years continuous services 4 weeks
5 years and over 1 week for each year of continuous service up to a maximum of 12 years
Temporary and/or fixed term contract staff 1 week

21.1.2 If you wish to terminate your employment with us, we will require you to give the following notice period:

Managers (defined as being employees with line management responsibility on grade 4D or above) 2 months
Other staff 1 month
Temporary and or fixed term contract staff 1 week for the first six months, 4 weeks thereafter

jazzyman01

Your notice period would be 6 weeks for terminating your contract and therefore you would not be entitled to the additional redundancy payment.

This is a VR and is likely to be in a policy somewhere so that it would be unlikely that you would be able to negotiate and change to this. Unfortunately it is one of those things, some people just fall short of completing another year and others will just scrape in.

getmore4less

OK, they imposed more notice on you than they had to give you years 5-8.

Should have picked that up when you started the management job with these conditions.

I think you were asking is this a dismisal or a resignation.

It is dismisal by reason of redundancy.