Redundancy and notice period

[Judystilldreamsofhorses]

My partner’s work have announced today that they will be making significant redundancies - it will be a while until he knows if his role is effected but I wondered if anyone could help meantime please?

His notice period he would have to give them if he chose to leave is three months. Am I right in thinking the company would in turn need to give him three months notice (either that he works out, or something like gardening leave) if he is to be made redundant, as well as redundancy pay? I know no-one can see his contract, but generally speaking is this correct?

Thanks for reading if you did, and thanks in advance for any help.

Lots of helpful information on the ACAS website, including on notice periods.

Thanks, I already looked there but it talks about statutory notice periods in terms of telling people about being made redundant which wasn’t really what I was after. Other sites seemed to suggest that he would have a three month grace period but maybe I’m reading it wrong.

I’m a bit upset and worried and was hoping someone might be able to explain it like I was six!

He should have his notice paid, in addition to the redundancy.

Hr person here.
The notice he has to give them doesn't have to be the same as the notice they give him.
Statutory minimum notice id one week per year up to 12 max, if contractual notice is more it over rides this. What is his contractual notice when given by employer?

And notice doesn't have to be paid in lieu, they can require him to work it. Some employers don't, many do

He needs to understand his specific terms.
Pay in lieu of notice (PILON) isn’t always applied. Plenty of companies make redundancies but still want the at risk staff around to a certain point. Keeping staff on can also mean it gives the employer more time to source potential redeployment opportunities.

Thanks for replying. I guess my question is - hypothetically speaking - if he was made redundant as of today, would he have three more months of work, plus redundancy pay?

Whether he got pay in lieu of notice is redundant (haha), I’m just thinking about how long we will have his salary coming in if the worst happens.

I don’t know re contractual notice in terms of what his employer has to give him - if he was to resign he has a three month notice period to work, so I guess I am wondering if that cuts both ways. (In my work it would, but that’s maybe not standard. Clearly my work is not in HR as I am clueless!)

How long has he worked for them? From what you have said I would expect that he will be paid for three months by either working his notice or PILON. It does depend upon what is in his contract. If he has worked longer than two years he will also be entitled to statutory redundancy pay which the company may choose to enhance.

Generally if he has to give 3 months notice so does his employer but check his contract. Some contracts will say the same notice except in redundancy or may say statutory notice.

So if it's in his contract then he will either work 3 months (and they'll have to give him reasonable time off to have interviews etc) or they will pay the notice plus redundancy pay. If he has to work he'll get the redundancy money in his last pay and may have to wait till the usual pay day.

No, not necessarily

If he's been there less than 2 years he could be entitled to a week, required to work. That's the worst case scenario.

If he's worked there 12 years, definitely 12 weeks' notice. If not you need to refer to tge contract.

No, as said upthread it can be asymmetrical.
My previous employer required 3 months but only gave a week notice.

He’s been there longer than two years and will definitely be entitled to redundancy pay. His company was recently taken over by an American firm and there is duplication between roles in the UK and US, particularly at his level (senior management but not executive level).

Surely he had a contract issued when he joined? Rather than us all guess the terms, would it be an idea to dig that out first and see what it says re notice?

Yes of course - he’s shut down a bit so I am trying to figure things out myself right now, and am very grateful for the replies.

Just coming back to this to say his contract is that the company needs to give him three months notice (nothing about exclusions). Also he would have six months of holiday pay pretty much. So even if the axe does fall there would be a decent grace period if he can’t find another post before we’re into savings, whether that’s working notice or gardening leave. Thanks for all the help 😊