2 Years rule for employment rights. Very confusing

Jansenrovers

Guest101 wrote: »

A contractual right does not void a statutory one.

That is correct, but the statutory notice period is a MINIMUM of 1 week. So if contractual notice was 1 month, this still meets the statutory notice period requirement.

sangie595

Guest101 wrote: »

A contractual right does not void a statutory one.

Actually, sometimes it does. The right to full pay for notice where a dismissal is during sickness is overridden by contractual terms if the contractual notice is longer.

sangie595

Mishomeister wrote: »

The way it was however explained to me by the last legal adviser I have spoken to, was that as my contractual terms were more favourable(2 months notice) than the statutory term(1 week), in my particular case 1 week statutory notice becomes non applicable. Hence is the reason for me creating this OP, as this is very specific emplyment law matter.

They were wrong.

Mishomeister

sangie595 wrote: »

Actually, sometimes it does. The right to full pay for notice where a dismissal is during sickness is overridden by contractual terms if the contractual notice is longer.

So if they sack me say 5 days before my 2 years complete whilst I am off sick and pay me in lieu for 2 months, I can not take them to tribunal?

sangie595

Mishomeister wrote: »

I don't want to stay with such company, however I would much rather look for another job whilst still in employment, than stay unemployed, whilst still having to support my family, pay mortgage and the bills and dig in to my savings.



Their case is not strong and I have evidence to crash their charges, however they know if they sack me before 2 years I can do nothing to them. If this is not the case (If I manage to get to 2 years) there is a good chance they will back off and don't sack me at all.



It is much harder to find another well paid job if you were dismissed, hence your reference will say that you were dismissed. I am very surprised by your comment about the reference. Are you self employed all your life, or have not tried to change jobs for a significant period of time?

Cases rarely come crashing down, pre or post two years. Pre two years, they don't even need a case - they just have to give you your notice. So the fact that they "have a case" means that they have worked out why they should dismiss and have evidence. People often make the mistake of over confidence because they have no idea of how employment law works. What you think is unfair mostly isn't in law.

sangie595

Mishomeister wrote: »

So if they sack me say 5 days before my 2 years complete whilst I am off sick and pay me in lieu for 2 months, I can not take them to tribunal?

I was correcting an error in another post. I have told you what the qualifying period for an employment tribunal is.

getmore4less

The material date for dismissal is the date of notice as that's when the statutory notice period starts to determine the effective date of termination if it would be later than the date of termination

all explained here.
http://www.legislation.gov.uk/ukpga/1996/18/section/97

getmore4less

sangie595 wrote: »

Actually, sometimes it does. The right to full pay for notice where a dismissal is during sickness is overridden by contractual terms if the contractual notice is longer.

and holidays, quite a lot of that legislation can be overwridden by contract.

getmore4less

Mishomeister wrote: »

So if they sack me say 5 days before my 2 years complete whilst I am off sick and pay me in lieu for 2 months, I can not take them to tribunal?

The key is when the notice is given that +1 week must give you the qualifying period.

it is not termination date + one week although in cases of full PILON they may be the same

KiKi

Mishomeister wrote: »

So if they sack me say 5 days before my 2 years complete whilst I am off sick and pay me in lieu for 2 months, I can not take them to tribunal?

I think what sangie is saying is that if they pay you in lieu for 2 months, that 1 week statutory notice period is still added to your time served. Paying you for 2 months in lieu doesn't mean they can ignore the 1 week notice period.

I'm sure sangie will correct me if I've interpreted that wrongly.