Minimum notice vs Redundancy entitlements

barman linen

An employment contract has a mutual termination clause referring to the minimum notice acts.

Employee has now been put at risk of redundancy so can the employer simply pay one month's money ( as per minimum notice) or does the statutory redundancy entitlements come into play regardless of the contract clause...hypothetical case of course.


Also if the practice has been to pay one week per year as severance how does precedent come into play...?

Beano

statutory redundancy is in addition to your notice, not instead of it.

barman linen

Beano wrote: »

statutory redundancy is in addition to your notice, not instead of it.

Thanks ....thought as much

barman linen

...just one more question on this. I see from Citizens advice that you are entitled to two weeks notice of redundancy.

I received my notice of redundancy today - informing me that I am redundant from today's date but stating that my contractual notice period kicks in from today ( 4 weeks contractual and simultaneously 8 years service = 4 weeks minimun notice )

Should I not have two weeks notice of redundancy - indicating my final date with the company and from then my contractual notice kicks in ? Making me redundant 6 weeks from today ?

Confused....

Pat Mustard

Mod:

barman linen. That's too specific to be anything but a request for legal advice, so we can't allow that. Ring NERA and see if they will help you on that. Or you can get a solicitor, obviously.

Victor

barman linen wrote: »

An employment contract has a mutual termination clause referring to the minimum notice acts.

If this is a normal contract, then the employee should be entitled to all the protections.

If it is a contract for a specific purpose of limited duration, e.g. employing a foreman for a specific construction project, then the protections would be somewhat restricted, but there would still be entitlements.