ADVICE NEEDED PLEASE/ REDUNDANCY NOTICE PERIOD

spitfire1964

Hello i am new to the forum.
Unfortunately i am being made redundant, and i have completed what was a shambolic consultation period.
My employer has giving me 12 weeks notification as to finish the employment contract.
However this period of notice is for longer than i expected and it would appear to be at odds with the employment contract as i have calculated as being nine weeks notice would needed to be giving.
Further on the Goverment website in respect of employers giving such notice it states one week for every year employed, i have worked for the Company for 5 years 8 months.
So am right to assume the Company could only give 5 weeks notification for the termination of employment contract.
Any help to clear this matter up would be appreciated.
THANKS

lincroft1710

I wouldn't argue if your employer is offering you a better deal than they have originally agreed to.

getmore4less

Employers can set any date for termination as long as it has a notice period longer than the stutory minimum. Which for 5 years service is 5 weeks. 

Where do you get that 9weeks from? 

spitfire1964

lincroft1710 said:

I wouldn't argue if your employer is offering you a better deal than they have originally agreed to.

I have been offered a new job which falls on the tenth week of notice.
If i take it, i will lose any entitlement to redundancy pay because i will be leaving before the notice period date the Company have set.
They have refuse me PILON.
Can they impose a twelve week notice period because according to the Government website that deals with redundancy, a company can only acheive this if the employee has been employed for 12 or more years.
Thanks

spitfire1964

getmore4less said:

Employers can set any date for termination as long as it has a notice period longer than the stutory minimum. Which for 5 years service is 5 weeks. 

Where do you get that 9weeks from? 

getmore4less said:

Employers can set any date for termination as long as it has a notice period longer than the stutory minimum. Which for 5 years service is 5 weeks. 

Where do you get that 9weeks from? 

getmore4less said:

Employers can set any date for termination as long as it has a notice period longer than the stutory minimum. Which for 5 years service is 5 weeks. 

Where do you get that 9weeks from? 

getmore4less said:

Employers can set any date for termination as long as it has a notice period longer than the stutory minimum. Which for 5 years service is 5 weeks. 

Where do you get that 9weeks from? 

getmore4less said:

Employers can set any date for termination as long as it has a notice period longer than the stutory minimum. Which for 5 years service is 5 weeks. 

Where do you get that 9weeks from? 

I have calculated the nine weeks notice of termination from the employment contract and from what has been stated in the event of redundancy within the redundancy pack the Company has giving me.
Under the Contract it states to give notice the Company would give the same notice period time as with the employee (4 weeks notice) plus a week for every year employed, which would amount to 9 weeks notice.
The wording in the redundancy pack states that in the event of redundancy refer to the terms and conditions of the employment contract.
Thanks

getmore4less

Read up about counter notice. 
You may be able to leave and still get redundancy payments if done carefully. 

4weeks + 1 week per year is unusual, what does it actually say?

billy2shots

Your redundancy notice will be made up of two parts. 

- statuary notice (first 5 weeks as you have worked 5 whole years)

- redundancy notice (next 7 weeks judging by the times you give)

You will still qualify for any redundancy money as long as you complete your statutory 5 weeks. 

spitfire1964

I am not quite sure if this is of any relevance but it could be.
It is not just me who the Company have imposed the 12 week notice, the seven other staff have also been told that they have to work the same, all have been employed by the Company not as long as me, for example one staff member has been there just over two years.
Can or are the Company in a position as to impose a 12 week notification  as to terminate the contract of employment?
Thank you..

billy2shots

They are well within their right to give you the 12 weeks notice. 

You are well within your right not to work 12 weeks. 

See my answer above to how it might financially impact you. 

getmore4less

spitfire1964 said:

I am not quite sure if this is of any relevance but it could be.
It is not just me who the Company have imposed the 12 week notice, the seven other staff have also been told that they have to work the same, all have been employed by the Company not as long as me, for example one staff member has been there just over two years.
Can or are the Company in a position as to impose a 12 week notification  as to terminate the contract of employment?
Thank you..

That's fairly standard as it makes it easy for a company, process everyone on the same timescales so all those being made redundant leave at the same time    etc.
they can do this and set a termination date anytime in the future as long as it gives at least  contractual notice(which has to be at min statutory) 

(as i said earlier) If you want to leave early read up on counternotice. that gives you a chance to leave early once in the statutory notice period, for you the 5 weeks before the termination date but not before.

spitfire1964

billy2shots said:

Your redundancy notice will be made up of two parts. 

- statuary notice (first 5 weeks as you have worked 5 whole years)

- redundancy notice (next 7 weeks judging by the times you give)

You will still qualify for any redundancy money as long as you complete your statutory 5 weeks. 

Thanks for that
Could you please explain how you have calculated 7 weeks notice from 5 years employment, Thank you.