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Redundancy Qualifying

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Hi there, looking for some advice from you fine people.

I am being made redundant, I had my notice through today (5th August) that it is my final day of employment and I will be paid 1 months "notice in lieu". I just wanted to know what my rights are when it comes to statutory redundancy pay, I started working for the company on 18th August 2018, so I am 2 weeks short of the 2 years qualifying period. If I worked out my notice period I would qualify. Is the fact that they are paying me in lieu and terminating my contract immediately cause me to miss out on statutory redundancy?
Thanks for any advice you can give.

Kind Regards, Prolatarian

Comments

  • MalMonroe
    MalMonroe Posts: 5,783 Forumite
    Ninth Anniversary 1,000 Posts Name Dropper Photogenic
    My advice to you is to contact Acas : their advice is free and I've used them before, they are really helpful.  https://www.acas.org.uk/contact
    Please note - taken from the Forum Rules and amended for my own personal use (with thanks) : It is up to you to investigate, check, double-check and check yet again before you make any decisions or take any action based on any information you glean from any of my posts. Although I do carry out careful research before posting and never intend to mislead or supply out-of-date or incorrect information, please do not rely 100% on what you are reading. Verify everything in order to protect yourself as you are responsible for any action you consequently take.
  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    edited 7 August 2020 at 10:53AM
    you can only add statutory notice to the termination date(7aug), 

    for less than two years that is one week which takes you to the 14August
  • Undervalued
    Undervalued Posts: 9,549 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    you can only add statutory notice to the termination date(7aug), 

    for less than two years that is one week which takes you to the 14August
    Indeed.
    This is the same a "qualifying" two years service before an unfair dismissal claim can be made. As GM4L says, only statutory notice counts. You must however be paid for whatever contractual notice you are entitled to (sounds like a month in your case).

    However - Does your contract allow the firm to make payment in lieu of notice? Many / most contracts have such a clause but if yours doesn't then technically they are in breach of contract if they do not allow you to work your notice! Normally it is a moot point as most people are happy to be paid without having to work. Occasional though there can be situations where the employee ends up out of pocket and he may have a breach of contract claim against the firm for the shortfall. It has been done.
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