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Payment in Lieu of Notice Confusion

I'm in a state of confusion.

5 years ago (2008), I took voluntarily redundancy as I couldn't get to where the business was moving too. I was 1 month from having been with the company for 5 full years and I got paid 5 weeks pay in lieu of notice and 5 weeks of statuatory redundancy money. Contract said 4 weeks notice period to be given by employer or employee.

On 11th June 2014, my last employer told us he was making redundancies due to lack of work and I was made redundant on 13th June.

I started in that employment on 29th June 2009, so again I am 2 weeks from having been employed for 5 full years, and yet my last employer has given me 4 weeks pay in lieu of notice and I've been paid 4 weeks statutory redundancy pay. The contract was 1 page long (small business) and never mentioned the word 'redundancy', just termination of employment and I am entitled to 4 weeks notice. Payment in lieu of notice is not mentioned.

I must admit I am feeling rather angry as I feel like I've been sacked and been paid to keep my mouth shut. A person who does exactly the same job as me, but not quite as well and he's been there less time got to keep his job.

I am rather confused why one employer made it up to 5 years/ weeks and the other did not. It has been mentioned that the stat redundancy pay should be calculated up to what would have been my last day of employment had I worked the notice.

Any advice please.

Thanks

Replies

  • edited 22 June 2014 at 11:14PM
    getmore4lessgetmore4less Forumite
    46.3K Posts
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
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    edited 22 June 2014 at 11:14PM
    Notice to terminate is based on the service at date of notice.


    Service for redundancy is based on termination date or a later date if the statutory(not contractual) notice would have been a later date.


    Looks like you were due contractual notice(as it is more thn 4 weeks) and probably 5 years service for redundancy.

    Check they did the holiday pay correctly

    put in a claim quickly.
  • Mila_15Mila_15 Forumite
    12 Posts
    Thanks. Will check it out.
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