Termination Date Question

ajmurphy1986

Slightly complex one, but hoping someone can give me the correct answer.

I was notified on the 10th of July that my contract would be terminated effective 31st of July 2020, due to coronavirus causing a downturn in business. I started on the 30th of July 2018. This was a longer notice period than stated on my contract (One week before two years service). Meaning this would bring me over two years service. They gave me ten days to appeal.

I appealed this decision on the basis it would be unfair as they didn't follow proper procedures regarding redundancy, and when my notice expires I would have been there for two years.

They responded by issuing a new notice saying my termination date was now the 29th, as the original was an oversight, as such I had no right to claim unfair dismissal.

Ths is obviously unfair, but is it legal?

thebrexitunicorn

Hi aj, If your termination date is 29th July and you started with the company on 30th July you will have completed 2 years service exactly, and will have the right to claim unfair dismissal (just) if you choose to.   I wouldn’t point this out to the company until your employment ends, or is closer to ending, as they could change the date again.

ajmurphy1986

I did think this, but didnt think a legal and compliance director at a large company could make such a basic error. Is there such thing as a legal definition of a year? Does it not have to include the anniversary? I will not be mentioning this to them, I will be calling my solicitors first thing on Monday!

getmore4less

Statutory notice is based on the date the notice id given

Statutory redundancy is based on the termination date  or later if statutory notice would take you past the termination date.

You would have been due the redundancy pay on the first date given(and as it happens the second date 

Statutory notice is only one week so they still have time to change it again.

What part of the process do you think they got wrong?

Not sure why you appealed on process as all that may do is delay the date but not enough to get a bigger payout.

DoctorStrange

"I did think this, but didnt think a legal and compliance director at a large company could make such a basic error. Is there such thing as a legal definition of a year? Does it not have to include the anniversary?"


If you were to work a week, that'd be Monday to Friday. A month is the 1st to the 31st. A year is Jan 1st to Dec 31st or, in your case, June 30th to June 29th.

The anniversary is start of a new year, but completion of the old ends at at the Close of Business the previous day so if you work until your shift finishes on the 29th, you've completed two years' service.

As pointed out though they'll simply change the date again so keep this to yourself,  then sue them for unfair dismissal afterwards. 

Undervalued

Only a week's statutory notice counts in getting you over the magic two year line for employment protection purposes.

If you have a contractual entitlement to more than a week's notice then you are of course entitled to be paid for the additional notice but it doesn't make your length service any greater.

If however they let you actually work beyond the two year point, then that is your length of service and you would have a redundancy entitlement and the possibility of claiming unfair dismissal.

Masomnia

If you're still employed on the 29th then you're due redundancy pay, and you'd have the qualifying length of service for an unfair dismissal claim.

As above though I wouldn't mention it until the 29th. You might have a bit of a fight on your hands but I would have thought that at least the redundancy pay should be straightforward enough to claim through ACAS.

ajmurphy1986

Thanks for this folks.
I appealed on the basis of my "redundancy" being unfair, as they didnt follow a proper procedure. I was led to believe my job was safe up until the day before I recieved the notice, no one else was considered, I was not consulted, they didnt try to find my alternative work etc. I'm serving out the notice given on furlough. As far as I can tell being on furlough does not effect your employment rights. So should be able to nail them for this.

Masomnia

I think that not consulting with you at all is likely to mean your dismissal was unfair. Let us know how you get on.

sharpe106

No furlough makes no difference to your employment rights.

prowla

Do you have accrued holiday entitlement as well?