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  • FIRST POST
    • WYSPECIAL
    • By WYSPECIAL 4th Feb 18, 7:23 PM
    • 337Posts
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    WYSPECIAL
    Contract end date and redundancy entitlement
    • #1
    • 4th Feb 18, 7:23 PM
    Contract end date and redundancy entitlement 4th Feb 18 at 7:23 PM
    It looks like my job is being made redundant and a new structure introduced.

    The date for the new structure is just short of my anniversary date so I lose out on a years worth of redundancy entitlement with the planned exit date for those leaving.

    However it now looks as if they plan to serve notice only four weeks before the implementation date and as I am entitled to 12 weeks notice pay me in lieu of notice for the last 8 weeks.

    Does this mean that my actual dismissal date will be at the end of the PILON period and therefore after my anniversary date?
Page 1
    • Comms69
    • By Comms69 5th Feb 18, 10:03 AM
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    Comms69
    • #2
    • 5th Feb 18, 10:03 AM
    • #2
    • 5th Feb 18, 10:03 AM
    is that statutory notice?
    • getmore4less
    • By getmore4less 5th Feb 18, 2:14 PM
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    getmore4less
    • #3
    • 5th Feb 18, 2:14 PM
    • #3
    • 5th Feb 18, 2:14 PM
    To put the question another way how long will have you worked there at the proposed notice of termination date.
    • lulu650
    • By lulu650 5th Feb 18, 3:11 PM
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    lulu650
    • #4
    • 5th Feb 18, 3:11 PM
    • #4
    • 5th Feb 18, 3:11 PM
    ......Does this mean that my actual dismissal date will be at the end of the PILON period and therefore after my anniversary date?
    Originally posted by WYSPECIAL
    No, payment in lieu of notice means just that, your employer will pay you instead of giving you a notice period (or correct notice) therefore the termination date remains the same.
    Saving money right, left and centre
    • getmore4less
    • By getmore4less 5th Feb 18, 11:03 PM
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    getmore4less
    • #5
    • 5th Feb 18, 11:03 PM
    • #5
    • 5th Feb 18, 11:03 PM
    No, payment in lieu of notice means just that, your employer will pay you instead of giving you a notice period (or correct notice) therefore the termination date remains the same.
    Originally posted by lulu650
    The relevant date used for redundancy can be later when PILON includes some or all of the statutory notice period.

    If that date crosses a birthday and/or a service anniversary the redundancy payment can increase.
    • WYSPECIAL
    • By WYSPECIAL 6th Feb 18, 2:31 PM
    • 337 Posts
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    WYSPECIAL
    • #6
    • 6th Feb 18, 2:31 PM
    • #6
    • 6th Feb 18, 2:31 PM
    The terms of my contract entitle me to 12 weeks notice.

    The proposal is that they will only want me in the business for the first 4 and for the remaining 8 will be on PILON/garden leave.

    Does this mean my termination date will be at the end of the full 12 weeks I am entitled to or when I am no longer required to attend after the 4 weeks?

    My anniversary date falls in the 5th week so there is a fair difference in the amount of the redundancy payment.
    • Comms69
    • By Comms69 6th Feb 18, 2:48 PM
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    Comms69
    • #7
    • 6th Feb 18, 2:48 PM
    • #7
    • 6th Feb 18, 2:48 PM
    The terms of my contract entitle me to 12 weeks notice.

    The proposal is that they will only want me in the business for the first 4 and for the remaining 8 will be on PILON/garden leave.

    Does this mean my termination date will be at the end of the full 12 weeks I am entitled to or when I am no longer required to attend after the 4 weeks?

    My anniversary date falls in the 5th week so there is a fair difference in the amount of the redundancy payment.
    Originally posted by WYSPECIAL
    Contractual notice and statutory notice are different things, which is why 2 people asked you.


    HOW MANY YEARS HAVE YOU WORKED THERE?
    • getmore4less
    • By getmore4less 6th Feb 18, 3:43 PM
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    getmore4less
    • #8
    • 6th Feb 18, 3:43 PM
    • #8
    • 6th Feb 18, 3:43 PM
    garden leave and PILON are not the same you need to know which it will be.
    • WYSPECIAL
    • By WYSPECIAL 6th Feb 18, 4:47 PM
    • 337 Posts
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    WYSPECIAL
    • #9
    • 6th Feb 18, 4:47 PM
    • #9
    • 6th Feb 18, 4:47 PM
    Contractual notice and statutory notice are different things, which is why 2 people asked you.


    HOW MANY YEARS HAVE YOU WORKED THERE?
    Originally posted by Comms69
    32. My 33rd year anniversary will be a week after date they no longer want us there but within the 12 week notice in my contract.
    • Comms69
    • By Comms69 6th Feb 18, 4:55 PM
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    Comms69
    32. My 33rd year anniversary will be a week after date they no longer want us there but within the 12 week notice in my contract.
    Originally posted by WYSPECIAL
    So you have 12 weeks of statutory notice, which will take you over the threshold.
    • WYSPECIAL
    • By WYSPECIAL 6th Feb 18, 4:59 PM
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    WYSPECIAL
    garden leave and PILON are not the same you need to know which it will be.
    Originally posted by getmore4less
    All they have said so far is that due to the proposed date to issue notice where notice required to be worked is less than contractual notice they will compensate for notice not worked or, subject to agreement, garden leave.
    • mariefab
    • By mariefab 7th Feb 18, 1:58 AM
    • 296 Posts
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    mariefab
    As you currently have 32 years of service your termination date will be at the end of the 12 week notice period.
    Statutory redundancy pay is capped at 20 years but some employers pay for more or all complete years of service.
    So, whether you'll be entitled to more redundancy pay will depend on your contractual terms.
    • WYSPECIAL
    • By WYSPECIAL 7th Feb 18, 6:24 AM
    • 337 Posts
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    WYSPECIAL
    We get an enhanced package, qualifying service is rounded down to the whole year which is why that week is worth a lot more than a weeks salary to me!
    • Sparx
    • By Sparx 7th Feb 18, 8:43 AM
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    Sparx
    I would expect your statutory notice of 12 weeks, puts you into the next year of service, should entitle you to the 33rd year. Have you asked HR (nicely) to clarify? If they say no or argue, you could then get a little meaner about it...
    • sangie595
    • By sangie595 7th Feb 18, 10:07 AM
    • 4,552 Posts
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    sangie595
    I would expect your statutory notice of 12 weeks, puts you into the next year of service, should entitle you to the 33rd year. Have you asked HR (nicely) to clarify? If they say no or argue, you could then get a little meaner about it...
    Originally posted by Sparx
    It may be a little premature to be asking, never mind getting meaner. The OP says they MIGHT be redundant, and that this is a result of a restructure which may, in fact, have suitable alternative employment. In other words, we are talking about possibilities here. Until the OP is told that they will be dismissed by reason of redundancy, they have a job and will be staying in employment. That is the time to start asking. They are currently counting chickens....
    • getmore4less
    • By getmore4less 7th Feb 18, 10:55 AM
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    getmore4less
    We get an enhanced package, qualifying service is rounded down to the whole year which is why that week is worth a lot more than a weeks salary to me!
    Originally posted by WYSPECIAL

    With an enhanced package they can use any calculation they like as long as it gives more then statutory and does not fall foul of secondary legislation like age discriminion .

    Many companies use the statutory definition of service(with or without the 20y cap ) as the basis for the service element of enhanced packages.

    It is a reasonable request to have the statutory notice counted should you get formal notice and terminated before the anniversary.

    With Garden leave you remain employed(so should be no problem with the service) but this can risk the redundancy as they can withdraw the redundancy or find a suitable alternative at any time.

    PILON gives a clean break sooner.

    You will know the sort of company you work for when it comes to dealing with this sort of thing, I would probably wait a bit to see how it pans out on real dates then query if they don't add the year.

    there comes a time when cashing in service at enhanced rates is worth far more than keeping a job.

    Make sure you know the terms should you end up getting a job back with the company after termination, some companies have long clawback clauses.
    • WYSPECIAL
    • By WYSPECIAL 10th Feb 18, 8:33 AM
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    WYSPECIAL
    . That is the time to start asking. They are currently counting chickens....
    Originally posted by sangie595
    More counting eggs to be honest.

    If I know what is in the basket I know what MAY hatch. If they won't be in the basket I can discount them now.
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