ADVICE NEEDED PLEASE/ REDUNDANCY NOTICE PERIOD

thebrexitunicorn

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. 

It’s the final five weeks of the twelve that are the statutory notice period.  The initial seven weeks are just additional notice/warning of termination  that the employer has chosen to give.  

spitfire1964

getmore4less said:

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?

It reads (contract) under Notice.
Should the company serve you with notice, this will be a minimum of your notice period (4 weeks as per stated on same contact)
Thereafter increasing by one week for every complete years service, to a maximum of 12 weeks.
This is further supportive, if that is the case, by the redundancy pack that states in the event of redundancy refer to the terms and conditions of the employment contract.
That is how i have calculated 9 weeks notice, by the terms and conditions set out in employment contract and the said reference in the redundancy pack.
Would the Company be bound by the contract?

billy2shots

spitfire1964 said:

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.

The 7 is not important. They have given you 12 weeks notice. Your statutory notice that you must work to qualify for redundancy pay is 5 weeks (for your 5 whole years of work). That leaves 7 weeks. If they had given you 15 weeks notice then that 7 would become 10 etc

getmore4less

billy2shots said:

spitfire1964 said:

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.

The 7 is not important. They have given you 12 weeks notice. Your statutory notice that you must work to qualify for redundancy pay is 5 weeks (for your 5 whole years of work). That leaves 7 weeks. If they had given you 15 weeks notice then that 7 would become 10 etc

That's not how it works

getmore4less

spitfire1964 said:

getmore4less said:

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?

It reads (contract) under Notice.
Should the company serve you with notice, this will be a minimum of your notice period (4 weeks as per stated on same contact)
Thereafter increasing by one week for every complete years service, to a maximum of 12 weeks.
This is further supportive, if that is the case, by the redundancy pack that states in the event of redundancy refer to the terms and conditions of the employment contract.
That is how i have calculated 9 weeks notice, by the terms and conditions set out in employment contract and the said reference in the redundancy pack.
Would the Company be bound by the contract?

What they probably mean by that is  statutory   which is  1 week per year up to 12
(With a contact min of 4 weeks). 

Not relevant anyway as they have given you 12 weeks notice which they can do

Stop flogging the wrong approach and look at counternotice to leave early

billy2shots

getmore4less said:

billy2shots said:

spitfire1964 said:

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.

The 7 is not important. They have given you 12 weeks notice. Your statutory notice that you must work to qualify for redundancy pay is 5 weeks (for your 5 whole years of work). That leaves 7 weeks. If they had given you 15 weeks notice then that 7 would become 10 etc

That's not how it works

My understanding is incorrect then. Can you clarify how it does work in this situation as I will need to personally go back to my legal bod who is advising me on closing one of my sites. 
I don't want employment tribunal cases for acting on wrong information. 

spitfire1964

getmore4less said:

spitfire1964 said:

getmore4less said:

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?

It reads (contract) under Notice.
Should the company serve you with notice, this will be a minimum of your notice period (4 weeks as per stated on same contact)
Thereafter increasing by one week for every complete years service, to a maximum of 12 weeks.
This is further supportive, if that is the case, by the redundancy pack that states in the event of redundancy refer to the terms and conditions of the employment contract.
That is how i have calculated 9 weeks notice, by the terms and conditions set out in employment contract and the said reference in the redundancy pack.
Would the Company be bound by the contract?

What they probably mean by that is  statutory   which is  1 week per year up to 12
(With a contact min of 4 weeks). 

Not relevant anyway as they have given you 12 weeks notice which they can do

Stop flogging the wrong approach and look at counternotice to leave early

So the employment contract in regards to giving notice can be bypassed in this instance.

getmore4less

spitfire1964 said:

getmore4less said:

spitfire1964 said:

getmore4less said:

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?

It reads (contract) under Notice.
Should the company serve you with notice, this will be a minimum of your notice period (4 weeks as per stated on same contact)
Thereafter increasing by one week for every complete years service, to a maximum of 12 weeks.
This is further supportive, if that is the case, by the redundancy pack that states in the event of redundancy refer to the terms and conditions of the employment contract.
That is how i have calculated 9 weeks notice, by the terms and conditions set out in employment contract and the said reference in the redundancy pack.
Would the Company be bound by the contract?

What they probably mean by that is  statutory   which is  1 week per year up to 12
(With a contact min of 4 weeks). 

Not relevant anyway as they have given you 12 weeks notice which they can do

Stop flogging the wrong approach and look at counternotice to leave early

So the employment contract in regards to giving notice can be bypassed in this instance.

Notices are minimum not maximum. 

They could put you on notice you will be terminated any date in the future as long as it is longer than the minimum(statutory or contractual).

getmore4less

billy2shots said:

getmore4less said:

billy2shots said:

spitfire1964 said:

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.

The 7 is not important. They have given you 12 weeks notice. Your statutory notice that you must work to qualify for redundancy pay is 5 weeks (for your 5 whole years of work). That leaves 7 weeks. If they had given you 15 weeks notice then that 7 would become 10 etc

That's not how it works

My understanding is incorrect then. Can you clarify how it does work in this situation as I will need to personally go back to my legal bod who is advising me on closing one of my sites. 
I don't want employment tribunal cases for acting on wrong information. 

Is this paid for legal advice from your legal "bod"?

If it is you will be covered by their insurance if they have it wrong. 

What they are telling you could cost you more anyway people can leave early from date of notice after they have completed a statutory notice period

Think about it, you want to close a place in 12 months everyone could be walking out within 12 weeks with a redundancy payment.

The answer was given earlier statutory notice applies from the end of the contractual notice not the start.

A decent employer would extend the statutory counter notice period and let people leave early and still payout.

spitfire1964

getmore4less said:

spitfire1964 said:

getmore4less said:

spitfire1964 said:

getmore4less said:

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?

It reads (contract) under Notice.
Should the company serve you with notice, this will be a minimum of your notice period (4 weeks as per stated on same contact)
Thereafter increasing by one week for every complete years service, to a maximum of 12 weeks.
This is further supportive, if that is the case, by the redundancy pack that states in the event of redundancy refer to the terms and conditions of the employment contract.
That is how i have calculated 9 weeks notice, by the terms and conditions set out in employment contract and the said reference in the redundancy pack.
Would the Company be bound by the contract?

What they probably mean by that is  statutory   which is  1 week per year up to 12
(With a contact min of 4 weeks). 

Not relevant anyway as they have given you 12 weeks notice which they can do

Stop flogging the wrong approach and look at counternotice to leave early

So the employment contract in regards to giving notice can be bypassed in this instance.

Notices are minimum not maximum. 

They could put you on notice you will be terminated any date in the future as long as it is longer than the minimum(statutory or contractual).

Ok thank you for that, I will proceed onto a counter notice, any guidance on the best way to approach this route.Thanks8