TUPE Transfer

Hi - my first post

Following a TUPE transfer the new employers are making me redundant as I am unable to relocate. My existing contract from my previous employers states that should the company wish to terminate my employment for reasons other than gross misconduct that I would be entitled to the following notice periods for over 4 years of employment. "1 month + 1 week for every full year worked, up to a maximum of 12 weeks". I have been there 17 years.

Not withstanding any statutory redundancy, My new employers are stating that my redundancy notice period is based on 12 weeks & are calculating my salary in lieu of notice as 12 weeks.

How should my new employers be calculating my salary in lieu of notice ?

Thanks
MGboy

Comments

  • antrobus
    antrobus Posts: 17,386 Forumite
    Up to a maximum of 12 weeks seems self explanatory to me.

    Am I missing something?
  • MGboy
    MGboy Posts: 2 Newbie
    Thanks - Ok - Its the clause/term in the contract that is stated as 1 month.

    "1 month + 1 week for every full year worked, up to a maximum of 12 weeks". that I am seeking clarification of the calculation.

    1 month would be on a basis of 1/12th of the annual salary, where as 1 week would be on a basis of 1/52nd of the annual salary. so there is a mix of potential calculations.

    So I feel that the new employer is basing the 1 month period as four weeks which calculates to be a lesser amount than if based on 1/12th of the annual amount.

    MGBoy
  • lulu650
    lulu650 Posts: 1,158
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    But it's still a maximum of twelve weeks notice with 17 years employment
    Saving money right, left and centre
  • liviboy
    liviboy Posts: 544
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    lulu650 wrote: »
    But it's still a maximum of twelve weeks notice with 17 years employment

    I would read it as notice is 1 month + 1 week (up to a max of 12 weeks) meaning pay for 17 years would be 1 month + 12 weeks...

    I think that's the question the OP is asking.
  • Xbigman
    Xbigman Posts: 3,884
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    It could be read as 1 month plus a max of 12 weeks (so just over 16 weeks). As you are going anyway I'd complain and ask for the extra month.


    Darren
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