Redundancy pay and notice

ChilliBob

Hello guys, 

I have been made redundant today, most unexpected, I have been in the company over 16 years.
I have looked into what I should receive at a minimum, to make sure I get that, but I'm a littl confused. 
1 weeks pay per year seems to be the minimum, but then I'm confused on notice. I have a one month notice in my contract if I was to resign. What should happen in this case?
* work the notice
* go straight away
* some 12 weeks thing because I have worked there over 12 years?

Also, during the process, should I have legal representation which the company pay for, or is that only in certain cases?

Many thanks 

getmore4less

With 16years service you are entitled to 12weeks notice or longer if contractual.
3 mai options
work it.
garden leave
PILON
They can be mixed.

There is also accrued unused holiday

Statutory redundancy is based on years service and age
The dates are important as you can cross a service boundary and a birthday boundary.
for 16years it could be between 12.5 weeks and 24 weeks

A statutory payout can cap a weeks pay at £538pw  if relevant.

ChilliBob

Thank you that's very helpful. As regards the 12 weeks side of things, is this entirety separate from the redundancy pay?
E. G. Would the three scenarios (or a mix of them) above be in addition to 16 weeks worth of pay too? 
Age wise I am late 30s so the whole 41 thing doesn't come into play. 

getmore4less

Notice and redundancy are separate.

At 30 the lower age limits(17, 22) comes into play with 16 years service 11.5 weeks
Edit:
Missed late 30s in previous Post so 17 does not apply, 22 may still apply. 

ChilliBob

I started fresh out of uni so I think 21, so I guess this would make it 14-15 weeks pay and either I have to:
* Work for 12 weeks
* Gardening leave or pilon
If they tell me it's 14-15 weeks pay and working one month's notice I assume that's not legal right?

Thank you, I'm talking sbout if again tomorrow so want to go in armed with as much info as I can. 

thebrexitunicorn

ChilliBob said:

I started fresh out of uni so I think 21, so I guess this would make it 14-15 weeks pay and either I have to:
* Work for 12 weeks
* Gardening leave or pilon
If they tell me it's 14-15 weeks pay and working one month's notice I assume that's not legal right?

Thank you, I'm talking sbout if again tomorrow so want to go in armed with as much info as I can. 

Hi, just to point out that you are unlikely to get a choice as to how the 12 week notice period is spent. The employer can require you to work, if they don’t want you to work then you are still entitled to pay for the 12 weeks.  Regardless of what the contract says you are entitled to a minimum of 12 weeks because of your length of service.  As stated above your 14/15 weeks redundancy pay is separate (and not taxable).  

ChilliBob

Thanks that's really helpful, I find out more later. 
Thanks 

Thrugelmir

ChilliBob said:

Also, during the process, should I have legal representation which the company pay for, or is that only in certain cases?

Are there grounds for you to dispute the act of making you redundant? 

ChilliBob

Thanks for the reply, no, not a dispute situation, the person who mentioned legal representative was more in that situation. 
The company have basically gone for what they have to, including buying back annual leave and a small topup. 

getmore4less

Woops missed late 30's so that changes previous post.
It works on full years backwards from relevant date for redundancy.
Which depends on notice and a how that is applied or termination date.