3 Months notice period 1 June at 2:16AM in Redundancy & Redundancy Planning 4 replies 259 views

Jon13

My contract states that I have a three month notice period. If I was made redundant would the company have to honour this period? I have not been with them for two years yet so wondered if this could have a potential impact or influence on the notice period?

blue.peter

As far as I know, yes. I'm not aware of any general exception for a period of service under two years. According to https://www.gov.uk/redundancy-your-rights/notice-periods:

 Notice periods
You must be given a notice period before your employment ends.
The statutory redundancy notice periods are:
    at least one week’s notice if employed between one month and 2 years
    one week’s notice for each year if employed between 2 and 12 years
    12 weeks’ notice if employed for 12 years or more
Check your contract. Your employer may give you more than the statutory minimum, but they cannot give you less.

So you need to check your contract: does it include any reduction in notice period that applies in these circumstances? If not, you should get your three months.

I've been made redundant twice. On both occasions, my notice period was three months, and this was honoured. I was given garden leave for half of that period wit the first employer and all of it with the second. Having said that, you might be offered PILON. Or you might be required to work for the whole of your notice period (possibly including handing work over to, or even training, your successor.). Exactly how the notice period is handled will depend on the employer and the circumstances. But you ought to be paid for it.

sharpe106

If it is in your contract then yes, unless it says the 3 month notice period only comes in to play once you have been with the company for so long. So have a reread of that part and see if there is any qualifier. 

Andy_L

How is the contract worded? Does it state that you have to give 3 months or that both you & the employer have to give 3 months?. If it is the former then you have to give 3 months but the company only have to give statuatory notice as per blue.peter's post

Under 2 years you cannot take them to a tribunal for unfair dismissal. However not being given enough notice is a contractual breach not an unfair dismissal claim so that is enforceable from day 1. 

dd95

yes they would otherwise it would be in breach of contract. They may be able to pay you in lieu of notice if your contract provides so, or with your written consent