Payment in Lieu of notice 13 July 2014 at 10:52AM in Redundancy & redundancy planning 6 replies 1.9K views

Olliegami

Hi everyone,

I've very recently been made redundant and have received a letter about notice periods.

I work in a school, and have worked for 9 full years, which means my statutory notice period is 9 weeks?

We finish school on the 22nd of July, and I believe - working out from what he's told other people who have to work 12 weeks, that they need to work until 14th October, and have worked out that I need to work after the Summer holidays until the 23rd September.

I was given a letter with the following contents, and wondered EXACTLY what this means.

"I can confirm that if you would like to leave with effect from 31st August 2014 this can be accommodated.

However, if you do wish to leave early you will need to waive your right to full notice. I must emphasise that in doing so you will not be entitled to your full notice pay and that by requesting to leave early, you are confirming that you understand and accept this is the case. For clarity there will be no payment in lieu of notice."

Is this just basically saying that if I don't work in September - I won't be paid for it?

Undervalued

Olliegami wrote: »

Is this just basically saying that if I don't work in September - I won't be paid for it?

Yes.

What they are saying is that they won't hold you to working your whole notice if you don't want to but if you choose to go sooner they won't pay you for the weeks you have not worked.

Obviously you can insist on working your whole notice if you wish. Then they have two choices, either let you do so or pay you anyway.

Olliegami

Thank you so much for your clarification.

I was fairly certain that what I thought was right, but at the moment my brain doesn't really want to work the way it used to.

getmore4less

They are probably trying it on hoping people will leave early to start new jobs so they don't have to pay the notice.

What work is there in the new term if you are redundant?

Will they have the funding to pay for you in the new term if not they may want to tidy up the finances before then.

The issue will be if you get new term time work that needs to start before the full notice is up or they terminate you it will require negotiation.

When is your 10 years service?
Service for redundancy is longer than for notice.

Have they officially put you on notice and determined a final date.

anamenottaken

Olliegami wrote: »

Hi everyone,

I've very recently been made redundant and have received a letter about notice periods. And what have they said about redundancy pay?

I work in a school, and have worked for 9 full years, which means my statutory notice period is 9 weeks? What was your exact first date of employment? You are correct that nine completed years of service mean you are entitled to nine weeks' notice unless your contract gives you more.

We finish school on the 22nd of July, and I believe - working out from what he's told other people who have to work 12 weeks, that they need to work until 14th October (looks as though they have 3 months' notice rather than 12 weeks), and have worked out that I need to work after the Summer holidays until the 23rd September. Nine weeks from 14 July (ie the date they may be using as the date notice is given) would mean your last day of employment would be 15 September wouldn't it?

I was given a letter with the following contents, and wondered EXACTLY what this means.

"I can confirm that if you would like to leave with effect from 31st August 2014 this can be accommodated.

However, if you do wish to leave early you will need to waive your right to full notice. I must emphasise that in doing so you will not be entitled to your full notice pay and that by requesting to leave early, you are confirming that you understand and accept this is the case. For clarity there will be no payment in lieu of notice."

Is this just basically saying that if I don't work in September - I won't be paid for it? It means that if you say you do not want to work in September, they are OK with your not working but they won't pay you. If you do not accept that your employment is terminated on 31 August then they will have to pay you whether or not they have work for you to do. If you don't work because they choose not to provide work for you, they still have to pay.

.................

dorothyjeffery

i think that means that unless you work out the full notice period, you wont get paid for it. you will get paid up to the time you elect to leave.

A dear friend of mine had a similar problem. he was offered redundancy (he had worked there about 25 years) or early retirement. they didnt tell him that if he elected for early retirement, everything was different, money wise. he didnt get a bean.

getmore4less

dorothyjeffery wrote: »

i think that means that unless you work out the full notice period, you wont get paid for it. you will get paid up to the time you elect to leave.

A dear friend of mine had a similar problem. he was offered redundancy (he had worked there about 25 years) or early retirement. they didnt tell him that if he elected for early retirement, everything was different, money wise. he didnt get a bean.

It is up to the person to get the full financial details of the oprions.

It is fairly common for the early retirement option to use up the redundancy to top up the pension to stop the reduction.

Although retirement is not redundancy so getting someone to agree to retire can be a way to avoid redundancy.