Not an AIBU but urgent employment question about redundancies

[IAmAShitHotLawyer]

Posting here for traffic because I didn't get any response in employment section but can someone please tell me how much redundancy notice I'm entitled to after 2 years service please?

I think minimum is a week for each year, but my employer gave me a month for year year.
It depends on the employer and the terms of your contract.

2 week’s, plus notice presumably

Have you actually worked there over 2 years?

Hi OP,

Are you posting from England?

Here's some info on employment rights from the Citizens Advice public site that's relevant to England - www.citizensadvice.org.uk/work/leaving-a-job/redundancy/check-if-your-redundancy-is-fair/fair-redundancy-process

If you need any further advice, it may be helpful to phone Citizens Advice or you could book a face-to-face appointment if you have a bureau near where you live.

Good luck

I am in England and I have worked at my company for 2 years and 2 months. When you say they have to give me 2 weeks notice what about the one month notice that it says in my contract that they have brought give me? Does that mean I will get 6 weeks notice in total?

Also, will I have to work my notice period?

Statutory is a week for every year plus notice period.

No-you're entitled to a month if that's the contractual notice they have to give you. The week for each year ( statutory notice) is just a backstop on case you don't have a specified period of notice, or if you do and it's less than a week per completed year.

Thanks user - and everyone else. So can I leave when they tell me but still get paid for the remaining 6 weeks????

Statutory is your normal notice period OR one week for each year of service to a maximum of 12 weeks, whichever is the greater.

They could require you to work your notice, but in redundancy situations, employers often choose to pay in lieu or put you on garden leave for the notice period.

No you wont have to work notice. They will have a consultation period and at the end of that period your employment will be terminated if they havent managed to offer you another role . Also if you leave before consultation period ends then you fortit your redundancy payout and in that case you maybe asked to work notice period

Why do they do that fozzelplum?

IAmA you may be laud for your notice period or you could be required to work out your notice. Probably depends on the type of work you do and the potential risk to the company of you working out your notice (eg in my organisation IT staff always given PILON because of the potential damage a disaffected employee could cause).

So am I correct in thinking that there will be a 6 week period in which i will get paid but not have to work?

You might be required to work you notice or part of it if there is handover to be done or work to be finished. If they don't need you, there's often little point in having redundant staff hanging around, especially if they want to move on with eg a restructured workforce.

Hi again OP,

As you've worked for your current employer for over 2 years, you're entitled to a fair redundancy process (as mentioned in the link to the Citizens Advice info).

Have you already been made redundant? Has your employer met with you at all to discuss your redundancy? It would be very helpful if you could meet with your employer to confirm how much notice you are entitled to. (You mention that one month's notice is specified in your contract).

Just one other question - as one month's notice is the redundancy notice period specified in your contract, is there a specific reason why you are now questioning your redundancy notice?

You will get a redundancy package and in it will be 6 weeks of pay plus and holidays they owe you. And final date for termination of contract which is end of consultation period

lol yes in theory I could cause s lot of damage. Is that why they let you not work your notice period?

Generally because they want to get rid of the extra heads off their books ASAP (in pay in lieu case) and/Or because they want a fresh start and don’t want people who are leaving hanging around not doing much and potentially bringing morale down (in gardening leave cases). Good luck

And yes, you could sabotage if you are leaving (and don’t want to be).

Ah ok that's clearer now. I will be paid to do nothing for 6 weeks!!!!

It depends on your contract. Are you in a union? If not, join one for your next job. They help with all this.

Ok, I think things are getting confused here. So, from the point you are told you are being made redundant there are 2 things that kick in:

1. Your 1 month notice period - they have to give you at least one month notice that you will be leaving. Your employer can decide if they want you to be in work for some or all of that period; or stay at home and. It do any work (gardening leave). Alternatively, your employer can give you PILON (payment in lieu of notice), where they give you a months pay and you leave the job immediately

1. You are entitled to at least 2 weeks redudancy pay (assuming you are between ages of 24 and 41). This pay can be capped at £489 per week and is paid tax-free. The employer can’t ask you to work for this

Are you sure that you are entitled to 1 months notice. Many contracts say that you the employee have to give 1 month but that the employer only had to give statutory (1 week per completed years service after 2 years). In this case it would be just 2 weeks.