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1 Day Short of 6 Years

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Hi All,

My cousin has been made redundant, however he is being paid 5 weeks pay instead of 6 as he has been employed for the company 1 day short of 6 years. Is there anything at all that can be done to get 6 weeks pay?

Thanks in advance.

Comments

  • chrispy
    chrispy Posts: 94 Forumite
    Can notice period help here, if he is given a notice period perhaps that has to be taken into account and will take your cousin over the 6 year period thus giving an extra weeks redundancy pay.
  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    Notice is based on service at the day the notice is given.

    Redundancy the service is the termination date or later if statutory notice from the date of notice would be later.
  • shaz77_2
    shaz77_2 Posts: 1,881 Forumite
    Just looking at his letter dated today, he joined the company on April 02nd 2007 and his exit date is 29 March 2013 but the proposed redundancy will take effect from 3rd May 2013 which incorporates a notice period of 5 weeks which he is not required to work.
  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    Needs to be clear if they are saying garden leave or PILON and when the termination date is for signing on

    If garden leave still employed so has to be carefull going away or accepting other work.
  • zzzLazyDaisy
    zzzLazyDaisy Posts: 12,497 Forumite
    Part of the Furniture Combo Breaker
    shaz77 wrote: »
    Just looking at his letter dated today, he joined the company on April 02nd 2007 and his exit date is 29 March 2013 but the proposed redundancy will take effect from 3rd May 2013 which incorporates a notice period of 5 weeks which he is not required to work.

    In that case he should receive 6 weeks redundancy pay, as the relevant date is the end of the statutory notice period (regardless of whether it is worked, or paid in lieu)

    However he is only entitled to 5 weeks notice pay, as the relevant date is when notice was given.
    I'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.
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