Paid notice without working notice period?

BigBoss

Facts:

- My permanent contract is being terminated in July
- I have only 1 year's service
- The reason given is "surplus to requirements"

I've spoken to my union about what I should do, and they responded with the following:

Upon review of your contract, it does not appear to be a fixed term contract i.e. for a specific duration therefore it does seem to be a permanent role.
The issue, however is that given that you do not have two years' service you are unable to bring a claim for unfair dismissal, meaning that ultimately (unless you consider that you have suffered any detrimental treatment as a result of discrimination on the grounds of sex, race, religion etc) they are able to dismiss you and you are unable to bring a claim for such.

They will however be required to give you your notice period as required by your contract. After reviewing the termination clause within your contract, it would appear that they have given you notice of the termination of your contract in the middle of a term, your notice period will therefore expire on 31 August (the end of next term) and as such you are entitled to be paid up until this date. They have the right to pay you in lieu of your notice period, meaning that essentially you would not have to work your notice period, but would instead receive the payment for such in a lump sum. Therefore, given that you do not wish to remain employed at the school, this may be something that you want to enquire about.

Regarding the part in bold, does it mean that I could ask my employer to leave early and be paid in full as recompense for effectively being sacked?

TELLIT01

No, it doesn't mean that. The company has the right to tell you to leave without working the notice period, but they would have to pay you for the entire notice period. You can't demand to be let go early and be paid.
Your getting 3 or 4 months notice of termination when you've been there a year, so I'd start looking now in order to have a new job when this one ends.

McKneff

You can ask any thimg you like but they are under no obligation to agree to any request

It would normally up to them say they will pay you in lieu of notice.

Sacked, you say but i would say that surplus to requirements would be better put down on any job application as 'redundant' -effectively the same thing