Employment Law

[Viney]

Does anyone know on here if there is a minimum notice period before you are made redundant, or can they come in on friday morning and say 'Youre being made redundant and are not needed on Monday'?

Taken from Here

Notice of redundancy

The required statutory notice is one week if you have been employed for at least one month but less than two years, two weeks if you have been employed for two years, three weeks for three years, and so on, up to twelve weeks. After twelve years service, the statutory notice period is twelve weeks.
If you think that you have not been given the correct amount of notice you should seek the help of an experienced adviser, for example, a Citizens Advice Bureau. To search for details of your nearest CAB, including those that can give advice by email, click on nearest CAB.

You might find some info here Ian www.gmb.org.uk/ or here http://www.tgwu.org.uk/ I know they,re transport oriented but employment covers all trades I would imagine.

Although thinking about it....

Are they saying "You are being made redundant now, don't come back, that's it"

or

"You will be being made redundant, don't come back on monday, we will pay you your redundancy notice period, just stay at home"

Makes a difference, they can't do the first one, but they can the second (I think)

edit: ohh, my 1000 post

[timwilky]

Even more fun when the company is in administration. First thing you know, somebody has decided you are surplus to requirement, contracts with notice periods etc are null and void and statutory minimums applied.

My only experience of this was a few years back.

There is also a statutory 90 day minimum notice period if the company intends making more than 90 - 100 (forget which) people redunandant. That is what happened in my case (company shed about 300 - 400 jobs).

However, I was asked (required I think) to take "paid leave" for the remaining 3 months of my employment - not bad if you can get it - 3 months paid holiday

Even better is if you can manage to find another job to start right after your official redundancy ... in my case I wasn't quite so fortunate, but fortunate all the same, as I found a job, but it required an immediate start - 2 weeks short of my official redundancy - and so I effectively had to "hand in my resignation", and in so doing, lost any entitlement to redundancy pay out (which was the statutory minimum anyway and so was no great loss in the grand scheme of things).

Originally Posted by Pedro68

My only experience of this was a few years back.

There is also a statutory 90 day minimum notice period if the company intends making more than 90 - 100 (forget which) people redunandant. That is what happened in my case (company shed about 300 - 400 jobs).

However, I was asked (required I think) to take "paid leave" for the remaining 3 months of my employment - not bad if you can get it - 3 months paid holiday

Even better is if you can manage to find another job to start right after your official redundancy ... in my case I wasn't quite so fortunate, but fortunate all the same, as I found a job, but it required an immediate start - 2 weeks short of my official redundancy - and so I effectively had to "hand in my resignation", and in so doing, lost any entitlement to redundancy pay out (which was the statutory minimum anyway and so was no great loss in the grand scheme of things).

I think the law has changed now, if you are notified of a redundancy and given a date and find a job in the mean time YOU can leave the job and still take redundancy pay, I remeber this cos it caused a stink at the time, because redundancy pay is meant to be there to help you in the interim period of finding a new job after the old one has gone.

[timwilky]

Our company used to be run by the bean counter, so when on notice of redundancy you had to be there doing your job and if you left early you had resigned and had no entitlement to redundancy payment.

Then the engineers took over and the understanding became if you are to be redundant, we have no work for you, so we don't want to see you, take money in lieu of notice.

Originally Posted by stewie

I think the law has changed now, if you are notified of a redundancy and given a date and find a job in the mean time YOU can leave the job and still take redundancy pay, I remeber this cos it caused a stink at the time, because redundancy pay is meant to be there to help you in the interim period of finding a new job after the old one has gone.

Yeah, the law has changed.

Plus the 90 day notice I was given was because there was due to be more than 100 redundancies at the company. That 90-day notice I mentioned is actually known as the "consultation period". However, and this is where the law has changed (or rather there has been a test case that challenged this, and won) ... it USED TO BE the case that a company could serve redundancy notice DURING the consultation period but it would appear that nowadays the company "should" only give redundancy notice AT THE END of the consultation period.

IIRC, we were informed that we would not be required to turn up for work during the 90-day consultation period, that HR would be available (on an appointment only basis - with a dedicated "redundancy officer"), and that following the 90-day consultation period our redundancy notice (of one month in most cases) would be served, but that we would still not be required to work during the notice period.

Either way, it would STILL have meant that I had to hand my notice in and forfeit redundancy, as I was offered a job 2 weeks before the end of the consultation period. A lot people found this unfair, but the whole purpose of the consultation period is to give people a chance (and for employers to assist in this process) of finding alternative employment - presumably for the purpose of not having to fork out for redundancy payments*

Cheers,
Pete

* unless the law on that has changed

A PM to Ed will help