Confirmed redundant leaving dates

paddyandstumpy

Hi, me again with another redundancy question.

I've just come from a consultation with HR where they have confirmed we will get a decision on the redundancy on the 12th January (currently in consultation but we all know how it will end up), but they will ask us to work to the 31st January and this is the date the roles become redundant.

The HR partner has just said they will look at the length of service based on the 12th January as that's when they will confirm the redundancy, rather than when the service ends on the 31st January.

My question is - can they do this? Which date is right to use? This is an issue potentially as I've tipped over another years service on the 25th January, so it's additional tax free income at stake...

TadleyBaggie

When I was made redundant last, we were informed in the middle of April and left at the end. Since I was due 3 months notice, my official end of service date was calculated to be July, which meant I got an extra year's payment as I had joined in June.

paddyandstumpy

They are doing PILON for us, so our end date is 31/1/17 but I'm paid for 3 months notice in one lump sum.

My question was specifically do they use the date they notify us or the last working day?

getmore4less

depending on the length of service the actual date needed to be used could be even further in the future.

The date that should be used is the official date of notice of termination of employment by reason of redundancy + statutory notice(based on date of notice) or the actual termination date whichever is the latest.

this is laid out in the employment act.
http://www.legislation.gov.uk/ukpga/1996/18/contents
http://www.legislation.gov.uk/ukpga/1996/18/section/145

subsection 5 is the relevant section.

paddyandstumpy

getmore4less wrote: »

depending on the length of service the actual date needed to be used could be even further in the future.

The date that should be used is the official date of notice of termination of employment by reason of redundancy + statutory notice(based on date of notice) or the actual termination date whichever is the latest.

this is laid out in the employment act.
http://www.legislation.gov.uk/ukpga/1996/18/contents
http://www.legislation.gov.uk/ukpga/1996/18/section/145

subsection 5 is the relevant section.

Thanks for the above. So in my scenario, I find out on the 12th January, leave on the 31st January; the date to use would be the 31st? In which case I would get the extra year...

getmore4less

paddyandstumpy wrote: »

Thanks for the above. So in my scenario, I find out on the 12th January, leave on the 31st January; the date to use would be the 31st? In which case I would get the extra year...

31st is the earliest date they can use

Statutory notice is 1 week per year so if you have 3 or more years at 12th the date should be later.

paddyandstumpy

Thanks for your help getmore4less.

I pushed back to HR that they need to use the 31st, and as a "gesture of goodwill" they have agreed.

Once they've confirmed it in writing I'll point out their "gesture" is actually law. It's really got my back up!!

Thanks once again.