Is new redundancy notice required after first one lapsed?

barry58

Good Morning

I would be grateful for any thoughts, views, comments on the below. Unfortunately the redundancy procedure described on the Government website does not mention this kind of situation and I can't find any other site that covers it in any definitive way.

My wife works for a small family-owned business performing general clerical duties although there is no written contract covering her job. The Business Owner has been slowly winding down the business for most of this year with the intent to close it and my wife is fully aware that she will be made redundant as a result.

In June my wife was asked to type out redundancy letters for the 3 main employees (including herself). These letters had a redundancy date of 2nd September. My wife typed the letters and returned them to the Business Owner.  

Although the other 2 employees were made redundant on 2nd September, my wife was not. Her redundancy letter was never printed, signed by the Business Owner or given to my wife although the Business Owner will probably consider that he has actually applied the required process.

Regardless of this, the situation now as at the beginning of December is that the Business Owner is still not yet in a position to close the business and admits that he cannot yet manage without my wife. She continues to be on the payroll, she continues to be paid and she continues to work, albeit with a reduced workload.

Given the circumstances, it feels to me that because the original redundancy notice was not actioned on the 2nd September it became meaningless immediately following that date. My conclusion is that, to make my wife redundant, the Business Owner will now need to issue a new redundancy notification with a new date based on the required 12-week notice period (or make payment-in-lieu).   

All responses welcome... and if anyone can point me at something "official" that backs-up my conclusions then that would be great. Many thanks in advance.

lincroft1710

As I read what you have written, it seems your wife has never received a notice of redundancy

Grumpy_chap

If the boss never signed and returned your wife's redundancy notice, then I would agree with @lincroft1710 that your wife never received notice so, whenever it is served, the full notice period would apply from then.

barry58

Thanks @lincroft1710 and @Grumpy_chap for your responses.

Unfortunately I can’t find anything on the web that clearly says that redundancy notice must be given in writing (by letter or email). Citizens Advice use the phrase “it's better for an employer to do this in writing, but they don't have to” and ACAS advice to employers is “you should put the details of an employee’s redundancy in writing, this can be by letter or email” and the GOV.UK website doesn’t mention how a redundancy notice needs to be given.

The wider question for my wife is whether the Business Owner will now need to issue a new redundancy notification with a new redundancy date now that the original intended date of 2nd September has passed without her being actioned i.e. without her being made redundant.

lincroft1710

I would suggest that as the other 2 employees received written notice then the employer has established a precedent of issuing a written notice of redundancy.

barry58

Thanks to those that responded to this posting. My wife's employer has now issued a new redundancy letter (very begrudgingly!) to my wife giving her the appropriate 12 weeks notice through to the end of February 2023 so that issue is now resolved. There are still other issues surrounding my wife's redundancy but I will post them separately. 

lincroft1710

It is preferable to use the original thread, for matters connected with the same subject