At what date to calculate number of years

getmore4less

sann420 wrote: »

Sorry I am barging into some one elses thread as I have exactly the same issue.

My start date at company is 3rd of Jan. My end date at company is 31st of Dec(45 day notice period ... statutory?).

However my contractual notice period is 3 months which gets me to March and they are paying me for this in leiu. So if I go over the 3rd of Jan date which I am missing by like 2 working days then I get one whole year of extra severance.

Do I have a claim here?

No one has a 45 day statutory notice period they are multiples of 7 days upto 12 weeks .

45 days sounds like a consultation period.

sann420

getmore4less wrote: »

No one has a 45 day statutory notice period they are multiples of 7 days upto 12 weeks .

45 days sounds like a consultation period.

Yes you are right. It is consultation period. At the end of 45 day consultation period(31st Dec) my company will not require me to work any more. However my contractual notice period(3 months) will run into next year easily.

So given that my start date at the company was 3rd of Jan, would I be entitled to another year of redundancy?
Or are they right to only give me redundancy until 31st of Dec this year?

Many Thanks,

getmore4less

sann420 wrote: »

Yes you are right. It is consultation period. At the end of 45 day consultation period(31st Dec) my company will not require me to work any more. However my contractual notice period(3 months) will run into next year easily.

So given that my start date at the company was 3rd of Jan, would I be entitled to another year of redundancy?
Or are they right to only give me redundancy until 31st of Dec this year?

Many Thanks,

If they will be issuing notice after the consultation they need to use the termination date or date of notice+statutory notice whichever is the later date.

The statutory notice will depend on how long you worked there at the time the notice is given but this will be a minimum of 1week giving you the extra weeks service for redundancy.

sann420

getmore4less wrote: »

If they will be issuing notice after the consultation they need to use the termination date or date of notice+statutory notice whichever is the later date.

The statutory notice will depend on how long you worked there at the time the notice is given but this will be a minimum of 1week giving you the extra weeks service for redundancy.

My employer are saying the 45 day notice period also contains the statutory notice period which sounds wrong to me.

However they are a large multinational so I would be surprised if they got the process wrong.

Can you point me towards any legal documents that explain this please?

Many Thanks,

sann420

getmore4less wrote: »

The second issue is exactly how the enhanced payment is worded because they can use any date/service they want as long as the end result is more than statutory.

I came off the phone with ACAS and basically this is whats happening. So as long as the employer are paying me more than statutory they can get away with it

Thanks for your help

getmore4less

sann420 wrote: »

My employer are saying the 45 day notice period also contains the statutory notice period which sounds wrong to me.

However they are a large multinational so I would be surprised if they got the process wrong.

Can you point me towards any legal documents that explain this please?

Many Thanks,

That would need clarifying I did not think consultation and notice could run concurrently.

even then 45 days would only cover those with 6years or less service.

sann420

I only have 4 years of service so the enhanced package(covers 1 less year) is definitely better than the statutory redundancy package(covers one more year).

Thanks for the info

sann420

Actually wanted to ask that my company pension is with Capita.

Are they any good ?

Thanks,

* Its the wrong thread I have posted this in. Please ignore this one msg. Sorry.

getmore4less

getmore4less wrote: »

That would need clarifying I did not think consultation and notice could run concurrently.

even then 45 days would only cover those with 6years or less service.

Quite an old reference so things may have move on in 10 years.
(read multiple interpretations of the case)

Junk v Kuhnel