made redundant with insufficent notice 3 weeks short of 10 year cos

tir21

i was given 2 weeks notice of redundancy when contract said it should have been 11 weeks. 11 weeks notice would have given me another year of continuance of service. When calculating years of service do yiu have to add on appropriate notice period?

Mr.Generous

I doubt it, employers (well advised by those lovely HR people) find numerous ways to screw you over at redundancy time.

I had 28 years service, worked the whole notice period without any sickness etc and was screwed over for holiday pay. No notice given, dismissed as redundant on the spot. Yeah I got the years service payment, but pay in lieu of notice, rather than notice up to finish date AKA garden leave.

The reason was to avoid anyone accruing a few days holiday pay during the notice period. 28 Years of goodwill gone at a stroke. And like any good employee I made sure I was suitably compensated for this before I left. We were told it was going to be done that way about a week earlier.

I imagine your employer is going to try and shaft people legally too.

Masomnia

The short answer is yes you have to add the notice, but it may just be the statutory minimum that must be added. When you say you were given notice of redundancy do you mean your employment was terminated with two weeks notice, and your redundancy pay was based on the end of that 2 week period?

When were you told your employment was being terminated? What is the termination date? What is the notice in your contract? What was your start date?

Masomnia

Mr.Generous wrote: »

I had 28 years service, worked the whole notice period without any sickness etc and was screwed over for holiday pay. No notice given, dismissed as redundant on the spot. Yeah I got the years service payment, but pay in lieu of notice, rather than notice up to finish date AKA garden leave.

Would it have made much difference if you were on garden leave or annual leave though?

You might have had 5 days annual leave to take, but if you were put on garden leave for your 12 weeks rather than have it paid you can bet that your employer would have had 5 days of them down as AL. Either way you've had 12 weeks off without working; I don't see that it makes much difference.

Mr.Generous

Masomnia wrote: »

Would it have made much difference if you were on garden leave or annual leave though?

You might have had 5 days annual leave to take, but if you were put on garden leave for your 12 weeks rather than have it paid you can bet that your employer would have had 5 days of them down as AL. Either way you've had 12 weeks off without working; I don't see that it makes much difference.

I took all my leave before finish date, we accrued holiday at the rate of 5 weeks for working 47, so a months notice screwed about 2 1/2 days pay off us.

As I say, all that goodwill gone at the stroke of a bean counters pen. I can honestly say that decision cost the company more than it saved them.

tir21

Masomnia wrote: »

The short answer is yes you have to add the notice, but it may just be the statutory minimum that must be added. When you say you were given notice of redundancy do you mean your employment was terminated with two weeks notice, and your redundancy pay was based on the end of that 2 week period?

I started in december and was made redundant with 2 weeks notice mid November. If i could have worked 1 week more I would have another qualifying year ie another weeks redundancy pay. But it would seem unfair if the 12 weeks notice that was contractually obliged could not be used to take me into that extra year

Masomnia

So you started in December 2008 and were made redundant in Nov 2018? In that case if we're talking about the statutory minimum then yes the notice period would take you into another years service for the purposes of calculating your redundancy pay.

Masomnia

Hang on I'm confused rereading your post and the title. What was the year and month you started and when were you terminated?

tir21

msomnia your post #7 has hit the nail on the head - thanks

Masomnia

tir21 wrote: »

msomnia your post #7 has hit the nail on the head - thanks

In that instance your redundancy calculation should be based on 10 years service.

getmore4less

tir21 wrote: »

i was given 2 weeks notice of redundancy when contract said it should have been 11 weeks. 11 weeks notice would have given me another year of continuance of service. When calculating years of service do yiu have to add on appropriate notice period?

Statutory notice of 9 weeks needs to be added to the date of notice of termination if that is later than the actual termination date they need to use the later date

Its in the employment act.