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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
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Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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how many days notice must an employer give an employee

Customer Question

how many days notice must an employer give an employee
Submitted: 3 years ago.
Category: Employment Law
Expert:  UK-Justice replied 3 years ago.
Thanks for your question. Please remember to rate my answer SMILEY FACE OR ABOVE so that I am credited for my time.

How long have they been with you?

What is in their contract?
Customer: replied 3 years ago.


The question is from the employee - myself


I was the securitry manager for my company for 4 years as a security trainer then was asked to go to a different company owened by the same company as the security manager and after 5 months I was told we are making you redundent and it was all over in a fortnightLaughing

Expert:  UK-Justice replied 3 years ago.
What is in your contract about notice?
Customer: replied 3 years ago.

Smile



1 months notice in writing


 


from both sides


 


then the usual stuff about gross misconduct etc


 


I may be wrong, but, should I have been given 90 days notice?

Expert:  UK-Justice replied 3 years ago.
You are required by law to have 1 weeks notice for each full year you have been there, or what is required in your contract.

As such the notice period of 1 month is valid.

Therefore you only need to be given 1 months notice.

However if they are considering making you redundant you should be given a 90 day consulatation period.

If not then the process may be flawed and you could claim unfair dismissal.

If you have home or motor insurance with legal protection then you may be covered for unfair dismissal.

But 1 month is according to your contract.

I hope this helps.



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Important: If you feel the need to rate as one of the lower two scores, it counts as negative feedback so please reply to me via the REPLY with any further questions you may have. I will be happy to assist you further.
Expert:  Ben Jones replied 3 years ago.

Hello, You are not entitled to an automatic 90 days comsultation period if you are being made redundant. This only applies if there are going to be more than 100 proposed redundancies. If you are the only person to be made redundant or the are only a few of you then there is no requirement for a minimum period of consultation. However, in terms of actual notice period it does not matter whether you are being made redundant or dismissed for another reason - the notice periods will be the same. In your case you will only be entitled to whatever is in your contract, which in this case will be the month's notice.

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