Does statutory notice period supersede contractual notice ref redundancy

[Babyrhinosarecute]

Hi, I’m under the 45 day consultancy period to be made redundant. My contract states one month notice on either side, however in the meeting we were told that we wouldn’t receive any notice period as per the government guidelines- I will have been there 2 years in October, so have missed the safety net. Is this right?

If you haven't been there 2 years then you're not entitled to redundancy pay.

You are entitled to either contractual notice or statutory notice, whichever is greater. Are you certain they were saying you’d be given no notice, rather than saying you won’t get redundancy pay?

Sorry, thought I had no responses, I know I’m not entitled to redundancy payments. However they did say there would be no notice period, we would be made redundant from the end of August. I did say does that mean we get paid in September, apparently not.

They haven’t made any decisions on who or how many would be made redundant yet. This is a huge national company

You'd still need to receive notice (or pay in lieu of) - however if they don't have the cash...are you in a union?

If they don't want you to serve your notice they must give you pay in lieu. If they don't you will have a case for wrongful dismissal. The fact that you've been there less than 2 years is irrelevant - you can't claim for unfair dismissal but you can still claim for wrongful dismissal.

It’s unlikely a big company going through a collective consultation process would deliberately and blatantly not pay the correct notice period. Ask the question in writing not in a meeting- email whoever is your point of contact and point out this mistake and ask for confirmation that in the event of redundancy your contractual notice entitlement will be honoured.

Thank you for replying, so you are saying We are all entitled to the contractual notice? We are supposed to be made redundant from end of August, but as of today haven’t been told numbers or who has been put up for selection, there doesn’t seem to be much time left if it’s happening end of the month!

Yes. Either you’ll get told one month before your employment actually ends, or they’ll pay you in lieu of all or part of your notice period.

Thank you