Redundancy and work anniversary

kat74

I'm currently on furlough and have had the unofficial heads up that I'm going to be made redundant imminently  - which I was expecting. It's crap but not a surprise.
I'm trying to do the maths on what payout I'll get. My 5th work anniversary is Oct 13th (next week). 
Every penny counts - so, if they call me this week and give me notice (my notice period is 30 days) would I class as being employed there for 4 years? Or, as my 5th anniversary is within the 30 day notice period, would it count as 5 years employment (and hence a higher payout)?
Is there a standard for this, or is it at my company's discretion?

Alter_ego

You have to have official notice that you are being considered for redundancy, and consultation before your notice is issued.

kat74

Alter_ego said:

You have to have official notice that you are being considered for redundancy, and consultation before your notice is issued.

ok, thanks - that should buy me a few more days then!

avawat20

Your termination date is the most important. If they offer your pay in lieu of notice and the date is before you work anniversary then it will be the 4 years, if you work your notice and the date is after your work anniversary then you get the 5 years. Looks like you have some time though so hopefully you will just tip over!

getmore4less

avawat20 said:

Your termination date is the most important. If they offer your pay in lieu of notice and the date is before you work anniversary then it will be the 4 years, if you work your notice and the date is after your work anniversary then you get the 5 years. Looks like you have some time though so hopefully you will just tip over!

That is wrong.

For redundancy the statutory notice is added to the notice date and if that is later than the termination date that is the date used for redundancy.

My 5th work anniversary is Oct 13th (next week). 
Every penny counts - so, if they call me this week and give me notice (my notice period is 30 days) would I class as being employed there for 4 years? Or, as my 5th anniversary is within the 30 day notice period, would it count as 5 years employment (and hence a higher payout)?

You currently have 4 weeks statutory notice, the date used for  redundancy is already into Nov.

You have 5 qualifying years of service for the redundancy payout.

If they leave it till the Oct 13 to put you on notice your notice period also goes up to 5 weeks.
(what was the start date? if it was a 13th Oct then the 5th year would start on the 13th the anniversary date is end of the 12th) 

kat74

My start date was 13/10/2015.
I've had a call from HR saying that my manager wants to book in a 'chat' with me next week. I'm going to see if I can delay at conversation till the 13th anyway, just to be absolutely sure.
Thanks for the info - I'd hate to miss a big chunk of money for the sake of a day or two, so this is reassuring. 

avawat20

getmore4less said:

avawat20 said:

Your termination date is the most important. If they offer your pay in lieu of notice and the date is before you work anniversary then it will be the 4 years, if you work your notice and the date is after your work anniversary then you get the 5 years. Looks like you have some time though so hopefully you will just tip over!

That is wrong.

For redundancy the statutory notice is added to the notice date and if that is later than the termination date that is the date used for redundancy.

My 5th work anniversary is Oct 13th (next week). 
Every penny counts - so, if they call me this week and give me notice (my notice period is 30 days) would I class as being employed there for 4 years? Or, as my 5th anniversary is within the 30 day notice period, would it count as 5 years employment (and hence a higher payout)?

You currently have 4 weeks statutory notice, the date used for  redundancy is already into Nov.

You have 5 qualifying years of service for the redundancy payout.

If they leave it till the Oct 13 to put you on notice your notice period also goes up to 5 weeks.
(what was the start date? if it was a 13th Oct then the 5th year would start on the 13th the anniversary date is end of the 12th) 

That's why I said the termination date is the most important. If your last day is before your service anniversary and you are paid IN LIEU OF NOTICE then your last day will be before the anniversary date and you won't hit your work anniversary. Sounds like the OP is safe thankfully.

getmore4less

For redundancy the termination date is not always the relevant date when there is PILON. 

OP could have been terminated 3 weeks ago and would  have 5 years service for redundancy payout.

avawat20

getmore4less said:

For redundancy the termination date is not always the relevant date when there is PILON. 

OP could have been terminated 3 weeks ago and would  have 5 years service for redundancy payout.

Can you detail where you are getting this from. This is not advice from ACAS, gov.uk or Citizens Advice that I can see.

Citizens advice:

"If your job ended and you got pay in lieu of notice on or after 6 April 2018

You’ll get all your notice pay in one go if you get pay in lieu of notice. You’ll pay tax as normal and your job will end straight away."

getmore4less

avawat20 said:

getmore4less said:

For redundancy the termination date is not always the relevant date when there is PILON. 

OP could have been terminated 3 weeks ago and would  have 5 years service for redundancy payout.

Can you detail where you are getting this from. This is not advice from ACAS, gov.uk or Citizens Advice that I can see.

Citizens advice:

"If your job ended and you got pay in lieu of notice on or after 6 April 2018

You’ll get all your notice pay in one go if you get pay in lieu of notice. You’ll pay tax as normal and your job will end straight away."

Basic employment act stuff you need to brush up on. 

You seem to be looking at the wrong information on the places you are looking at you need to look at the relevant information dealing with redundancy not PILON. 

avawat20

getmore4less said:

avawat20 said:

getmore4less said:

For redundancy the termination date is not always the relevant date when there is PILON. 

OP could have been terminated 3 weeks ago and would  have 5 years service for redundancy payout.

Can you detail where you are getting this from. This is not advice from ACAS, gov.uk or Citizens Advice that I can see.

Citizens advice:

"If your job ended and you got pay in lieu of notice on or after 6 April 2018

You’ll get all your notice pay in one go if you get pay in lieu of notice. You’ll pay tax as normal and your job will end straight away."

Basic employment act stuff you need to brush up on. 

You seem to be looking at the wrong information on the places you are looking at you need to look at the relevant information dealing with redundancy not PILON. 

No need to get sarky. I am asking you to provide your source of information. I think it will be helpful for people who may also be following this thread or those finding it in the future.