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Redundancy and notice period question

10 replies

MaryBS · 02/03/2009 16:00

I was supposed to get notice of redundancy today, 1 month, with an end date of 1 April (1 month's notice).

Given that I've not received the letter either at work or at home, does that mean I'm entitled to an additional day?

Or if they emailed it through to me at work, even though I am not there to receive it, will that count as notifying me today?

(xposted in money issues, but it'd probably do better in here...)

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flowerybeanbag · 02/03/2009 19:32

Are you normally in work today? Would it be reasonable to assume you had received it today if that's what's happened?

If not, then yes I would definitely say that you have not received notice yet, and the month starts from the date you actually receive it.

MaryBS · 02/03/2009 19:35

I was in work today, for my normal working hours of 10-2:15pm.

We were told that they would be sent in the post, but that we would also receive an emailed copy so that we would definitely receive it by the specified day - ie today. So it may have been emailed to me outside of my normal working hours, or not ... I won't find out till tomorrow I presume!

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MaryBS · 02/03/2009 19:35

Sorry, meant to add a thank you

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flowerybeanbag · 02/03/2009 19:48

Mmmm. Well if you were actually told it was definitely coming today, and have already been told your last day would be 1st April, it sounds like confirmation of something you already know, so claiming that you haven't been given enough notice might be a bit tricky.

MaryBS · 02/03/2009 19:51

Friday was the end of the consultation period though, and so today was the earliest they could tell us. But yes, we've been expecting it, but surely it doesn't change the fact that they haven't told us (me) officially? They are shutting the entire office and moving the work elsewhere.

If I can't claim it I can't, but an extra day's money would come in handy!

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flowerybeanbag · 02/03/2009 20:07

Well you can ask, no harm in that. Without knowing exactly what the ins and outs are of how you have been told your employment is ending, I can't say whether you'd be entitled to it.

They could just pay it anyway to maintain a bit of goodwill, or they could alternatively argue that (for example) you were fully aware and informed a month prior to the closure of the office that your employment was terminating on 1st April, and the fact that you hadn't technically received written confirmation is irrelevant.

You may find they are perfectly aware that the notices didn't go out in time and are fully expecting to pay people an extra day.

MaryBS · 02/03/2009 20:11

Thanks.

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MaryBS · 03/03/2009 17:54

I asked them. They said as the letter was posted and dated yesterday, they wouldn't pay the extra day. Oh well, worth a try...

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flowerybeanbag · 03/03/2009 19:38

Well that's a bit of a weak argument they've given you. If that's the case what's to stop them dating it a week ago and blaming Royal Mail? If they didn't post it til yesterday they would have known full well no one would have got it til at least today.

I would have relied on the 'you already knew the date' argument myself had I been them!

Worth a try though as you say.

MaryBS · 06/03/2009 10:57

This is EXACTLY what they said

"No the letter was sent and dated 2nd March, the only reason we sent electronically was so receipt could be received before the post."

We've since found out that they had planned for the office to close since October, and have recruited staff ALREADY at the other office, prior to the notice of redundancy. They didn't even offer us our jobs IN the other office.

This all sounds illegal to me! Any advice please? One of our colleagues apparently has a daughter who is an employment lawyer, so we are waiting to hear back from her as to whether we should pursue this!

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