Redundancy without severance

Grumpy_chap

Davina_Hart said:

Oh, I didn't think about this.The notice period has stretched the redundancy period over 2 years. In fact notice of termination was served on Friday, 14th July 2023. 

AIUI, the period of service includes the notice period, not when the notice was served.
The OP appears to be just over the two years so entitled to the small amount of statutory redundancy that equates to.

DullGreyGuy

Davina_Hart said:

housebuyer143 said:

Davina_Hart said:

Thanks guys, I've been employed with this company since 17th July 2021, with employment ending on 13th October 2023, it is over two years of employment 

They announced the redundancy before the 2yr mark. Would that make a difference in that you are not entitled to redundancy pay?

Oh, I didn't think about this.The notice period has stretched the redundancy period over 2 years. In fact notice of termination was served on Friday, 14th July 2023. 

My understanding, which may be wrong, is that the 2 years continuous service is at the formal end of your contract not on the date the notice is given. 

So, if they have made you work your notice then you have gone past 2 years service and will be due at least statutory redundancy. 

If they had exercised their right to give you payment in lieu of notice that would have brought your termination date forward to before two years and therefore you wouldnt be entitled to statutory redundancy.

You should read your contract about redundancy and some go beyond the minimum. The only time I was made redundant the employment contract guaranteed a minimum of 1 months pay on top of notice even for those with less than 2 years service. 

Davina_Hart

Thanks all.

There isn't any reference of redundancy in the employment contract, only Payment in Lieu of Notice section that I have shared in the original post. 

I will speak to the CEO to see if they are going to offer statutory redundancy pay or not.

NCC1701-A

They will also have to pay you any outstanding holiday pay including the period of notice time.

DE_612183

Davina_Hart said:

Thanks all.

There isn't any reference of redundancy in the employment contract, only Payment in Lieu of Notice section that I have shared in the original post. 

I will speak to the CEO to see if they are going to offer statutory redundancy pay or not.

It's not a question of IF they will offer it, it's a question of WHEN they will pay it - when you ask make sure you have the context right.

Undervalued

NCC1701-A said:

They will also have to pay you any outstanding holiday pay including the period of notice time.

Or tell her to take it during the remainder of the notice period. It is the employer's choice.

KiKi

Just to confirm that legally it's your last day of employment that counts as the date for whether you're over two years' service or not - NOT the date they served you notice.  You must get stat redundancy pay as a legal minimum.

TBagpuss

Davina_Hart said:

Thanks all.

There isn't any reference of redundancy in the employment contract, only Payment in Lieu of Notice section that I have shared in the original post. 

I will speak to the CEO to see if they are going to offer statutory redundancy pay or not.

Statutory redundancy pay isn't something that they offer. It is something that you are legally entitled to under statutory law . (Some organizations may offer higher rates of redundancy pay, in the same way that some may offer higher amounts of holiday than the statutory requirements, but they can't pay less) 
I would suggest that you contact whoever deals with payroll and ask them to confirm whether your redundancy payment and any accrued holiday will be included in your final pay packet or paid separately,.

You also might want to take some advice - you mentioned that a senior person has been taken on - do they do the same or substantially similar work to you? If so it does raise the question as to whether this is a genuine redundancy or not - roles, rather than individuals, are made redundant .

General_Grant

TBagpuss said:

Davina_Hart said:

Thanks all.

There isn't any reference of redundancy in the employment contract, only Payment in Lieu of Notice section that I have shared in the original post. 

I will speak to the CEO to see if they are going to offer statutory redundancy pay or not.

Statutory redundancy pay isn't something that they offer. It is something that you are legally entitled to under statutory law . (Some organizations may offer higher rates of redundancy pay, in the same way that some may offer higher amounts of holiday than the statutory requirements, but they can't pay less) 
I would suggest that you contact whoever deals with payroll and ask them to confirm whether your redundancy payment and any accrued holiday will be included in your final pay packet or paid separately,.

You also might want to take some advice - you mentioned that a senior person has been taken on - do they do the same or substantially similar work to you? If so it does raise the question as to whether this is a genuine redundancy or not - roles, rather than individuals, are made redundant .

But tasks can be redistributed or roles "bumped" round in an organisation and this still can be a redundancy situation for the person losing those tasks/roles.