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?

It is up to the company if they make you work notice, pay in lieu( which releases you immediately) or put you on gardening leave (so you can't work elsewhere until it expires). You should be paid for any annual leave accrued too. There may be a consultation period before any decision re redundancy which could delay it.

My company makes people work their notice period - many don’t but an increasing number do.

Redundancy pay is seperate to notice and is paid to you. It is calculated based on age and length of service - I think this link is useful in explaining how itnir calculated www.gov.uk/redundant-your-rights/redundancy-pay

My previous employer required me to work the full notice period, which was 7 months after the consultation ended! It was awful, people crying daily etc. They wanted us to wait around while they recruited a new team, then train the new team up. ACAS said this was totally legal (new team based hundreds of miles away) and if we left before the 7 months we risked not getting the redundancy payment.

However, if you just walked out, they’d have to take you to court and prove actual loss. Unless you’re a director on hundreds of thousands and they can prove actual loss or harm, it wouldn’t be worth the high cost of doing so.

So I counter noticed and left early, keeping my redundancy money (all £600 of it) . Look into counter notice if you want To leave earlier.

I don't think it will be 6 weeks. It is a 2 week minimum but the month on your contract overides that, it's not in addition.

Its is NOT 6 weeks notice. User is incorrect or not explaining herself very well

Notice is the longer of a week per complete year of service (so 2 years and 11 months is still only 2 weeks) and whatever it says in your contract. if your contract says one month that is longer than the week per year rule and so you get the one month.

Your notice period is one month.

They may well make you work it. you have no right to be paid and not work.

You will also be entitled to a statutory redundancy payment which depends on your age and length of service and also how much you earn capped at £489 per week.

So if you are under 41 and you earn £600 per week and you have been there for two years your redundancy payment will be

£489 x 2 (years) x 1 (age multiplier for those under 41) = £978

I am an employment lawyer.

I had to work my notice period when I was made redundant so I'd definitely check with your employer before you get too excited about 6 weeks paid time off! It was a very long 3 months!

As said above I'm an employment lawyer. I'm seeing more and more employers making redundant employees work their notice periods.

The employment lawyer is correct but I think not explaining it well, I’m sorry,

To put it in layman’s terms.

You are given one months notice, you will normally be expected to work during this time. My employer expects you to work. So for example on the first of JAN you will be notified your last working day is the 31 JAN. Yes they may ask you not to work during JAN , but assume you will work it unless otherwise notified.

On leaving you will be given two weeks redundancy pay, as detailed above.

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

I've never seen a contract like this. Usually there is a balanced notice period on both sides. So if you have to give a month to leave, so does the employer. Ditto if it's 3 months or a week. It might conceivably be different during a probation period but the OP has over 2 year's service so that doesn't apply here.

There’s some great advice on here and some highly misleading and confusing advice. op you need to talk with your company, read your contract and any redundancy policy.

Its actually pretty simple:

Your minimum notice entitlement is one week per completed year of service

If your contract says you get more than that you get whatever your contract says

You don't get both

You are likely to be made to work your notice and take any outstanding leave during your notice period.

Statutory redundancy pay is only relevant if you have two completed years of service

What you get for statutory redundancy pay depends on your age and what you earn as well as your length of service.

The easiest way to work out your statutory redundancy pay is to use the Gov.uk website