Do they have to pay my full notice period? (Redundancy)

[QueryQuery]

Made redundant without notice.

Have been paid 5 weeks in lieu of notice which is the statutory minimum due to 5 years' service.

Contract says either party has to give 12 weeks' notice of termination. And that payment may be made in lieu of notice at their discretion.

Employer says statutory provisions supersede contractual obligations. Called Union who agree with employer. Are they right?

Statutory provisions do supersede contractual provisions where the statutory provisions are more favourable. So if the contract said you were only entitled to a week's notice, clearly sticking with the contractual provision only would be unlawful and the statutory minimum would apply.

However if they have chosen to offer a contractual term that is more favourable than the statutory provision they absolutely can be held to it, yes. Otherwise they are in breach of the contract they have chosen to enter into.

Imagine if no company could ever be held to anything in their contracts which happened to be over and above statutory provision! No one would ever get enhanced maternity pay, or holiday, or payment over minimum wage!

I suggest you complain to your union about their bad advice. If in your contract your employer opted to commit to give you 12 weeks' notice, then that's what they need to do.

Thank you! I will drop them an email tomorrow asking them to review it and confirm they'll pay the extra.

I was really surprised at the union rep's advice and kept asking if they were sure.

Just wanted to say thank you again as I returned to them with your points & they've agreed I am right and will pay the balance.

I'll also be dropping the union an email expressing my disappointment.

That's fantastic, great news.