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  • FIRST POST
    • MGboy
    • By MGboy 12th May 18, 10:06 PM
    • 2Posts
    • 0Thanks
    MGboy
    TUPE Transfer
    • #1
    • 12th May 18, 10:06 PM
    TUPE Transfer 12th May 18 at 10:06 PM
    Hi - my first post

    Following a TUPE transfer the new employers are making me redundant as I am unable to relocate. My existing contract from my previous employers states that should the company wish to terminate my employment for reasons other than gross misconduct that I would be entitled to the following notice periods for over 4 years of employment. "1 month + 1 week for every full year worked, up to a maximum of 12 weeks". I have been there 17 years.

    Not withstanding any statutory redundancy, My new employers are stating that my redundancy notice period is based on 12 weeks & are calculating my salary in lieu of notice as 12 weeks.

    How should my new employers be calculating my salary in lieu of notice ?

    Thanks
    MGboy
Page 1
    • antrobus
    • By antrobus 12th May 18, 10:53 PM
    • 15,778 Posts
    • 22,461 Thanks
    antrobus
    • #2
    • 12th May 18, 10:53 PM
    • #2
    • 12th May 18, 10:53 PM
    Up to a maximum of 12 weeks seems self explanatory to me.

    Am I missing something?
    • MGboy
    • By MGboy 12th May 18, 11:47 PM
    • 2 Posts
    • 0 Thanks
    MGboy
    • #3
    • 12th May 18, 11:47 PM
    • #3
    • 12th May 18, 11:47 PM
    Thanks - Ok - Its the clause/term in the contract that is stated as 1 month.

    "1 month + 1 week for every full year worked, up to a maximum of 12 weeks". that I am seeking clarification of the calculation.

    1 month would be on a basis of 1/12th of the annual salary, where as 1 week would be on a basis of 1/52nd of the annual salary. so there is a mix of potential calculations.

    So I feel that the new employer is basing the 1 month period as four weeks which calculates to be a lesser amount than if based on 1/12th of the annual amount.

    MGBoy
    • lulu650
    • By lulu650 13th May 18, 10:46 AM
    • 890 Posts
    • 965 Thanks
    lulu650
    • #4
    • 13th May 18, 10:46 AM
    • #4
    • 13th May 18, 10:46 AM
    But it's still a maximum of twelve weeks notice with 17 years employment
    Saving money right, left and centre
    • liviboy
    • By liviboy 14th May 18, 2:46 PM
    • 431 Posts
    • 161 Thanks
    liviboy
    • #5
    • 14th May 18, 2:46 PM
    • #5
    • 14th May 18, 2:46 PM
    But it's still a maximum of twelve weeks notice with 17 years employment
    Originally posted by lulu650
    I would read it as notice is 1 month + 1 week (up to a max of 12 weeks) meaning pay for 17 years would be 1 month + 12 weeks...

    I think that's the question the OP is asking.
    • Xbigman
    • By Xbigman 14th May 18, 4:14 PM
    • 3,120 Posts
    • 1,356 Thanks
    Xbigman
    • #6
    • 14th May 18, 4:14 PM
    • #6
    • 14th May 18, 4:14 PM
    It could be read as 1 month plus a max of 12 weeks (so just over 16 weeks). As you are going anyway I'd complain and ask for the extra month.


    Darren
    Xbigman's guide to a happy life.

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