Redundancy Notice Period

jazzy78987

Hi, I currently work at a hairdressers that is a franchise. We were informed yesterday that the lease for the salon is not being renewed and therefore the salon is closing with the last day of trading being the 6th April, so three weeks time.

We have been told that they will try to relocate us to a different salon in the chain but we will need to go through an interview process and is not guaranteed. If they can't find something suitable for us we will be being made redundant.

I have been with the company for a year and 11 months so as I understand it I am not entitled to redundancy pay.

However, my contract stipulates that my notice period is 4 weeks. Does this mean that I have to be paid for four weeks from the date that they told us we were going to be closing (15th March)? And is this still valid if they relocate us to a different branch?

I also have holiday left that I haven't taken so am just wondering if I am also entitled to this?

If I found a new job before the 6th April and wanted to leave before that date, what would happen in regards to my pay?

Thanks in advance.

Masomnia

You're entitled to 4 weeks' notice from the point that you are actually given notice, so it depends on what exactly has been said to you. Have you been given a letter of termination?

In any event they would have to pay you up to 12th April by my maths, or longer if at this point they haven't actually given you notice. They can assume that you would have taken holiday during that period so wouldn't need to pay you extra, depending on how much you have still to take but in practice employers often do pay it on top.

If you leave before the end date then you'll only be pad for what you actually work.

getmore4less

They cannot just assume accrued unused holiday have been taken, they have to follow contractual terms for taking holidays.

When did you start?
Have the put you on notice of termination?

How many people work at the place?

jazzy78987

Hello, thanks for the reply.

We haven’t been given any documents/ letters as of yet.

We had a meeting with all of the staff (there are around 15 of us) and they told us that we were closing down. They told us that apparently that is the first step, then we will be having one to one meetings at some point this week with someone more senior from the company along with my boss.

So I’m presuming they will be giving me paperwork then but couldn’t say for sure.

jazzy78987

Hi getmoreforless, thanks for coming back to me.

I am entitled to 20 days holiday + 8 bank holidays, however my day off is a Monday, as are the majority of bank holidays.

I am never paid for Bank Holidays that fall on a Monday, but instead have been told that I am owed these days in lieu and can be taken at any time as annual leave instead.

I believe there are 6 bank holidays that fall on a monday per year?

So would be entitled to 26 days annual leave + 2 bank hols but have only used 13 days holiday.

Our holiday renews from June so am presuming I will not be paid for any holiday I would have accrued in April and May.

I started working there on 22nd May.

We weren’t given any sort of official documents/ letters to say what was happening, we are having one to one meetings at some point between now and the 6th april apparently.

Our manager told us there is a very strict order in which she has to do things, the first of which is to tell us all as a group. There are around 15 of us that work in this particular branch.

getmore4less

getting this out of the way...

I started working there on 22nd May.


The reason for asking was that redundancy qualifying date can go beyond the date of termination.

1y11m with 3 weeks to go and 1 week statutory notice could have been close but at you started 22 May there is little chance you will make that unless they mess up.

getmore4less

They are following the process but with 15people they could have got this done a lot quicker and started sooner.
(maybe they only just decided to not renew and close or ...)

the summary is you are in a period of consultation and not been put on notice yet
At some point they will have to put everyone on notiice or found a suitable alternative(they can still find alternatives after the notice has been given)

Your notice should start from the next day and be paid your full 4 weeks.

AS for the holiday.

if you work 5 days then you are getting statutory min 28 days, this will be prorata for a part year lets go with 10/12 for now that's 23.3.

We can ignore the BH it is down to the normal works days you did not work and got paid.

That will probably be at least 3 BH easter Friday Xmas and NY + what ever other days you took off or the place closed.
is that still 13,? if it is then there are 10 and a bit days left.

Unless they say people are taking holiday in line with the contract/policy unused needs to be paid.

This may need another look once the details are know.


what do you want to happen? if there is another salon in the group you want to work at, and continuity of employment would apply then it can be a good idea to be proactive in trying to secure a job there.

If you just want paying and let go then check the details and try to get PILON so you can start a new job if you find one.

jazzy78987

Yes I agree, our manager had known since Monday but had known the business was struggling for a long time. It hasn’t been dealt with well at all but it is what it is so am just trying to go into my one to one interview prepared.

Okay so being ‘put on notice’ will be when they give me a letter stating this?

We are due to have one to one meetings presumably from tomorrow (having said that I’m not actually sure when they will be as they didn’t really seem in a rush to set them up. They told us we will have two meetings at some point between now and 6th April). But say for example if I had the meeting tomorrow and they gave me a letter giving me my notice, they would have to pay me until the 15th April?

They told us that we would all just be paid until the 6th April but obviously now I know that isn’t right.

We are always paid on 15th of each month for the 1st-30th/31st of the previous month. However she told us that we would be paid on 15th April for everything up until 6th April.

When will they legally have to pay me for my notice by? Will it be the date that my notice finishes or the date that the business closes?

I’m still processing the news so am not sure if I want to continue in a different branch or just go somewhere else. If they offer me another position at a different branch from 6th April, will they still have to give me the full 4 weeks notice pay from the date they give me my notice?

I’ve emailed our accounting department to find out exactly how much holiday I have left. Although, I’m not confident they will have a proper record as they never outline holiday pay on my payslip. I’m on a set wage so it’s always the same unless I am off sick.

Sorry for all the questions but just really want to go into there prepared and don’t want to be intimidated.

getmore4less

Does this franchisee have other other locations?
Who is the employer?

I’m still processing the news so am not sure if I want to continue in a different branch or just go somewhere else. If they offer me another position at a different branch from 6th April, will they still have to give me the full 4 weeks notice pay from the date they give me my notice?

Depending on the business structure and the locations it may be that any transfer is just that you now work at the new location and are not given notice, if the job is suitable and you don't want it you may have to resign.
It could potentially come under TUPE if they effectively transfer the customer base to another location.

jazzy78987

No she doesn’t. This is her only franchise.

It’s Toni and Guy.

jazzy78987

And if I were to resign, again would that be I give the four weeks notice and paid from that date?