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Chit Chat
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26 Nov 09
16:13
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Date Joined:
14 Jan 08
The dreaded redundancy's are hitting at our place and i was wondering about payments.
The company will only pay the minimum as there is no scheme or anything written into our contracts.
We know that we will get redundancy payments at £380 x (in my case) 7 years as we've worked them out.
What we arent sure on is if we are entitled to 'notice', and if yes, how this is calculated. Someone has suggested you get your basic wage x 12 weeks notice(which they can make you work if they so wish)
Anyone know if they have to give you 'notice' by law ontop of your redundancy entitlement?
The company will only pay the minimum as there is no scheme or anything written into our contracts.
We know that we will get redundancy payments at £380 x (in my case) 7 years as we've worked them out.
What we arent sure on is if we are entitled to 'notice', and if yes, how this is calculated. Someone has suggested you get your basic wage x 12 weeks notice(which they can make you work if they so wish)
Anyone know if they have to give you 'notice' by law ontop of your redundancy entitlement?
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Replies: 22
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deadwood employees should be just shot
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:0
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very thoughtfull age 21.
you clearly are a long way short of 21. |
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yes ewe right there old fella
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yes they have to give you a weeks notice for every year you have been there ,they can either make you work it or finish you at once in which case they must pay you 13wks in lieu of notice
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Your contract of employment will show what 'period of notice' you work under. Assume its 1 month. Therefore you are entitled to 1 months pay when made redundant. You are also entitled to any holiday pay for outstanding holiday not yet 'used up'
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The one week per year payment has nothing to do with 'notice'
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after the 90 day consultation period, see,
http://www.berr.gov.uk/whatwedo/employment/employment-legislation/employment-guidance/page13852.html#What_does_the_consultation_process they have some good worked examples about half way down. |
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Facts
You seem clued up on the subject. Are you saying they dont have to give you any notice then? Someone suggested today that it says 1 week in our contract of employments but others are saying that the law dictates that we are entitled to more than that as a minimum. ???? |
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As I recall you get
Redundancy pay of 1 weeks pay, (basic), for each full year of service + Notice. Your contract probably says 1 months notice to terminate, however your statutory rights under redundancy allow you a 90 day consultation period. So in effect your on 13 weeks notice. Now, if you decide to challenge the redundancy this will be within the notice period of 90 days. Many employers will allow you to leave instantly and thus receive the extra 13 weeks pay without working. If you do this you immediately lose any right of challenging your redundancy. This next bit I am unsure of as I have heard it both ways so do check it out. If you walk with the 13 weeks notice it is tax free, but you are unable to claim any unemployment benefit during this period. If you work it you are taxed accordingly. As stated above holiday pay is paid additionally. So if you have holidays booked you may want to unbook them if your going to leave during notice. Good luck. |
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there is a cap on the weeks statutory redundancy pay value
if you earn over the 'cap'- it used to be £240 per week from memory- then thats all you get its been a few years - so i dont know the current weeks limit |
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the employer can pay above the cap if he so wishes. I am sure it has moved upwards from £240 nowadays.
Time to find out if your liked or not when redundancy comes around. lol |
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thanks for the input guys, much appreciatted.
Just wanted to check that we will get redundancy + notice if the axe falls. Sounds like we will from what most say. Oh, and the cap has recentlry risen to £380 |
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This will tell you everything
http://www.direct.gov.uk/en/Employment/RedundancyAndLeavingYourJob/Redundancy/DG_10029832 gl |
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Ok,
Just been reading our contract of employment. It says the amount of notice we are entitled to is 1 week. To me this now seems like we will be entitled to one week and that is it. It looks like its been inserted into the employment contract. Does this mean we have now waved our rights to further notic payments or can we still claim them as a minimum under law? |
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the statutory minimum is one week per year up to a max of 12 weeks.
From the link I posted earlier "the minimum statutory notice period for an employee with at least 12 years continuous employment is 12 weeks (84 days)." |
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the max may be 13 weeks, not 100% certain on that.
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In your case 7 weeks notice at the end of the consultation period.
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yes but in our contracts it looks like we have agree'd to a notice period of 1 week.
see http://www.compactlaw.co.uk/monster/empf16.html at the bottom of the paragraph. All looks legal too like we've waved our rights to the minimum. |
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No, what that refers to is voluntary redundancy or when an employee decides that it would be in his interest.
"This timetable can be shortened where an employee might have decided to leave early or take voluntary redundancy. For example, employment can be terminated before the end of the statutory or contractual notice period where an employee has agreed to take a payment in lieu of notice" |
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i think that if they are making a certain amount redundant then they have to bringin a consultation period
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Ok, thanks for the input once again guys......bit of a rubbish subject i know but knowing your rights is a minefield.
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