ADVICE NEEDED PLEASE/ REDUNDANCY NOTICE PERIOD

getmore4less

What was wrong with the notice period calculation?
it can be any length as long as it is more than the statutory minimum. 

Was it corrected? 

spitfire1964

The Company have stated that unless I worked the notice period that they had giving which now turns out as being 13 weeks, and not 12 weeks I would lose any entitlement to redundancy if I left before the date they said.
I am assuming this was wrong because I could have giving notice after 5 weeks as the statutory period had elasped and would still be entitled to redundancy.
In theory the Company have kept me there for longer than I needed to be there, an extra 7 weeks in total.
My argument  is that I could have left after five weeks and secured another job within the seven week window.
To make matters worse I was offered the same job that I am starting next month within the first week (6th) after the 5 week statutory notice period had been completed.
When and not knowing then but knowing now I asked the Company if I could leave for this job, they not only refused but failed to document that in writing their reasons.

getmore4less

Where have you got this information on how notice works because it is wrong? 


Employment act outlines the statutory period is at the end of the longer notice period not the start.

The company is right if you leave early they can withdraw payment. 

You could use the counter notice provisions in the employment act to try and secure the payment during the statutory period at the end of the notice period. 

getmore4less

This was covered earlier I forgot it was the same thread.

Go back to page one and start again.
.

General_Grant

   13   12   11   10    9    8    7    6    5    4    3    2    1
   13 weeks notice given                                             employment ends

of which
                                             7    6    5    4    3    2    1
                                         statutory notice                   employment ends
                                         counter notice possible                                    

getmore4less

spitfire1964 said:

The legal basis of grievance is predominately based on the Company failing to undertake the Consultation period correctly.
Failing to offer alternative employment (redeployment)
And abusing and giving incorrect calculations as to the notice period which would include the company giving false information as to withdraw any redundancy payments if I failed to comply with the notification they had giving, without regards nor considering the rules that state after I had completed the statutory period of notice, they had no right thereafter (7 weeks) as to delay, as was and is the case, any redundancy money owed.

We can strike out your understanding of the notice

that leaves 
Failing to offer alternative employment

Were there  jobs were available and were any suitable?

spitfire1964

It also leaves the consultation period being flawed as well.
The final one was done over the phone with my line manager, this after I requested for it to be delayed because I wanted Union Representation (Unite) and because I had to self issolate because of Covid so was not able to attend work, as a result.
As for alternative work the Company made no effort as to redeploy, I assume it is their duty to task this, not an employee.

spitfire1964

General_Grant thanks for your advice.
Could you please advise me on how I begin the process of a counter notice.

getmore4less

Why were you  not involving the union from the start?

spitfire1964

Because I was not in one at that particular time, decided to join one once it was clear that things were going to be problematic.