Statutory or contract notice period

buddyfan

I have worked for a large company for 32 years.
My contract states....

26.2 Subject to the provisions below, the Company will give the following notice of termination of employment:
Length of Service Notice Period
Less than 5 years. 3 months
Over 5 years and less than 10. 6 months
Over 10 years and less than 15. 8 months
Over 15 years and less than 20 10 months
Over 20 years 12 months

26.3 In the event of redundancy, the statutory notice required under the Employment Protection (Consolidation) Act 1978 will be given.

Our team has been put at risk and there is a strong chance I will be redundant. Is my notice period 12 months or the statutory minimum of 12 weeks.

I am part time, 4/5 of full-time. Does this change any notice period?


Thanks

Another_not_new_user

Astonishing as the notice period is for other terminations, the contractual terms are very clear - in the event of redundancy statutory notice applies. Therefore it is 12 weeks. It is 12 weeks whether you are full or part-time.

buddyfan

The Employment Protection (Consolidation) Act 1978 seems to be an instrument to ensure a minimum (not maximum) is provided......
Rights of employer and employee to a minimum period of notice
(1)The notice required to be given by an employer to terminate the contract of employment of a person who has been continuously employed for four weeks or more—
(a)shall be not less than one week's notice if his period of continuous employment is less than two years;
(b)shall be not less than one week's notice for each year of continuous employment if his period of continuous employment is two years or more but less than twelve years; and
(c)shall be not less than twelve weeks' notice if his period of continuous employment is twelve years or more.


ie. "shall not be less than". Implying it can be more.

getmore4less

IT can be more

But your contract does not give you more in redundancy situations.

I speculate that they have never terminated people other than on redundancy terms so never paid out this notice period.

If the employee notice is the same it is probably just there to make it look fare, and is really a lock you in notice but they have the get out

buddyfan

Thanks for the help.