Redundancy notice question

[huffpuff75]

I'll try to be as brief as possible, but this is a complicated one...

I was given my redundancy notice today (not unexpectedly as we all have proposed dates of redundancy). It makes me redundant on 31 October, but the main issue is that I have three months notice in my contract. The notice itself does not mention a notice period at all.

The notice refers back to a letter given in Dec 2009 which gave our proposed dates of redundancy (but which isn't a redundancy notice). This letter gave 30 Sept as my proposed leaving date.

Others have had their notice at the correct time for their contract or statutory entitlement (whichever is larger) and their notice refers explicitly to their notice period and does not refer back to this other letter.

My view is that they have realised they haven't given me the correct notice and are hoping that I don't notice IYSWIM.

Can anyone help with where they think I stand as regards breach of contract or wrongful dismissal?

*I am 25 weeks pregnant and there is (the Union says) a case for sex discrimination in the way they have dealt with the redundancy, but trying not to complicate the thread too much.

*If anyone has a long memory, I also posted a redundancy related thread in January when the redundancies were first on the cards and I was previously pregnant but sadly miscarried in February.

Does it refer to PILON (Pay in Lieu Of Notice).

I'd ask them as you either need the 2 months you work or paying for them instead of working them.

On what basis do you think there are sex discrimination grounds? Can you prove that more suitable male colleagues have been kept on inspite of you.

Just becuase your pregnant redundancy doesn't automatically mean discrimination :)

Hi seeyoukay, thanks for the reply.

My contract doesn't mention PILON and neither does the redundancy notice. It says final month's salary plus stat redundancy pay. I intend to ask for the two months (via Union solicitors) but really just wondered if people had any insight into where I am likely to stand.

I wasn't going to get into the sex discrimination side of things as it gets too complicated (and I really don't want to risk getting my job back!) - I am more interested in the notice period being correct. However in a nutshell I was told that everyone else was being extended beyond their proposed redundancy dates except me. I had offered to go part time, but was told I would be really pregnant by then and would be glad of the rest.

THanks for the reply

Leaving aside the discrimination issue, you are entitled to your full notice period and failure to dismiss with the correct notice would be wrongful dismissal.

Assuming you are happy to leave it at that and not bring any case around discrimination, I would suggest you write acknowledging your redundancy notice, quoting your contract as stating you are entitled to three months' notice and pointing out that you have in fact only been given just over one month. Say that as you are sure they are aware, failure to give the correct notice would be breach of contract and wrongful dismissal, so could they please let you know what they intend to do about this.

Congratulations on your pregnancy, that's brilliant news. :)

Thanks so much flowery. That is really helpful and in line with what I thought should be the case. I am inclined (for a number of reasons) to leave the discrimination issue, but I'll discuss with the Union solicitors to see what they think.

Thanks again, and thanks for the congrats. I have just had a lovely appointment with my midwife and everything 'perfect'. Puts work problems into perspective a bit

It does doesn't it? :) Glad the pregnancy is going well, I'm really pleased for you.