ADVICE NEEDED PLEASE/ REDUNDANCY NOTICE PERIOD

thebrexitunicorn

Call the Acas helpline and ask them to explain the process. It’s important that you take the correct steps at the correct time. Getting it wrong could affect the redundancy payment. 

spitfire1964

Thank you for that.
ACAS are already involved so I will ask them how to proceed. 

spitfire1964

Excuse my ignorance but could I have left five weeks after I was told that I was being made redundant, and this would not affect any redundancy owed by the company?

getmore4less

Leaving early and still being entitled to redundancy. 

The relevant law are these sections of the employment act. 
https://www.legislation.gov.uk/ukpga/1996/18/section/136

https://www.legislation.gov.uk/ukpga/1996/18/section/142

billy2shots

getmore4less. 


Now I'm really confused. You seem to be saying what I have been saying all along yet slipped in the 'that's not how it works' comment which has confused me and the OP. 

Yes, if is paid for legal advice i'm using also in conjunction with my business insurance. 

My situation is the mirror image of the OPs so feel it's relevent to continue this discussion here. 

Like the OP, I will be giving all my staff 12 weeks redundancy notice. Also like the OP, a couple of them (out of 12) have worked for me for 5 whole years. 

My understanding is they will be entitled to full redundancy pay as long as they work the first 5 weeks of the 12 weeks notice I give them. Leaving from week 6 onwards does not effect their redundancy payment. 

Fairly straight forward but you have really confused me gm4l. 

Without waffle, is the above example correct or is my paid for legal advice wrong?

getmore4less

Read
136.4.b

(b)the period which—

(i)is equal to the minimum period referred to in paragraph (a), and

(ii)ends at the time when the notice expires,
in any other case.

i.  Is statutory notice period. 
ii. End of notice actualy given. 

For 12 weeks with 5 weeks statutory. 
It's the last 5 weeks not the first 5 weeks. 

getmore4less

Should have added...
A decent employer would pay out  if the employee got a job and wanted to leave early when employer could manage without them.

IT can be a good idea to make it clear which employee are needed for the full notice period in an attempt to preempt them using counter notice to leave early. 

When an employer needs to keep people in work for a period  and not have them leave a trick that can be used is to pay out PILON so the employee does not have a counternotice window.

billy2shots

getmore4less said:

For 12 weeks with 5 weeks statutory. 
It's the last 5 weeks not the first 5 weeks. 

Thanks for the clarification. I read it !!!!!! about face. 

Sorry for any confusion OP. 

spitfire1964

So am I right in thinking that the stance taking by the Company who maintain that I will lose any redundancy if I leave before the twelve week imposed is on this occasion incorrect?
I have now asked ACAS to advice me on the merits that I may have to counter notice and should hopefully here back in the next couple of days.
Again can I just thank the people on the forum for the sound and constructive advice that they have giving me on this subject matter, it is really appreciated.

spitfire1964

I need to ask some questions in respect of the Companies obligation/s in regards to Redundancy period.
Can i continue on this thread or do i have to create a new thread, THANKS