A question about notice period 29 November 2019 at 9:54PM in Redundancy & redundancy planning 8 replies 1.6K views

Walnuts

Hi there.
I wonder if someone can clarify something for me regarding redundancy notice period.
I've been given a letter at detailing my redundancy package, in it I am only being given and paid for 4 weeks notice.
I have been working there for 30 years so it would usually be 12 weeks notice and pay.

We had new contracts at work 5 years ago and I changed my notice period from 12 weeks to 4, when we were told we could change the length.
On every website they say in the case of redundancy after my length of service it can not be less than the statutory minimum of 12 weeks, but work say as I changed my contract it is only 4 weeks.
For my own piece of mind can somebody confirm which is correct, i'm a bit in the dark as this is my first encounter with redundancy.

Many thanks in advance

Mrsn

My partner is going through something similar. In his case 4 weeks notice is given but is paid for the remaining 8 in lieu. Is this a possibility for yourself?

Walnuts

Hi and thanks for the reply.

No in my case they are saying it will just be 4 weeks paid in lieu of notice

getmore4less

Statutory notice will be 12 weeks.

Your notice to the company is different.

Redundancy will be based on 20years.
Age will determine how many weeks each year is worth.

Walnuts

Hi there
Thanks for the reply

I understand the redundancy is based on 20 years and have no quibble with them over that.
My issue is whether after giving us the opportunity to, I changed my notice period to 4 weeks when my company drew up new contracts 4 or 5 years ago, they can only offer me 4 weeks notice, which will be paid in lieu. Or should it be the statutory 12 weeks, as they are saying I over ruled this when signing the contract.

getmore4less

https://www.legislation.gov.uk/ukpga/1996/18/contents

Ask them which bit of employment legislation allows them to override 86.1

What does the new contact say about employer giving notice.

General_Grant

Walnuts wrote: »

Hi there.
I wonder if someone can clarify something for me regarding redundancy notice period.
I've been given a letter at detailing my redundancy package, in it I am only being given and paid for 4 weeks notice.
I have been working there for 30 years so it would usually be 12 weeks notice and pay.

We had new contracts at work 5 years ago and I changed my notice period from 12 weeks to 4, when we were told we could change the length.
On every website they say in the case of redundancy after my length of service it can not be less than the statutory minimum of 12 weeks, but work say as I changed my contract it is only 4 weeks.
For my own piece of mind can somebody confirm which is correct, i'm a bit in the dark as this is my first encounter with redundancy.

Many thanks in advance

As long as there was no gap in your actual employment period, then you should be entitled to 12 weeks statutory notice from your employer.

Contracts cannot undercut the statutory provision.

If there was actually a gap of a week or more, then, if you have completed five years under the new contract, you would be entitled to 5 weeks notice.

Walnuts

Ah thank you. I will ask that question.

The contract just says "The prior written notice required from you or the company to terminate your employment shall be as follows:4 weeks notice (this part originally said the usual one weeks notice for each complete year up to a maximum of 12. Which they asked us if we wanted to change)

Walnuts

Thanks for the reply General Grant.

There has been no break in my employment, a full 30 years service.

Seems they have got the wrong end of the stick then saying that my changing my notice period in the contract has meant that I have over ridden the statutory notice length.