Employment Lawyers Can Answer Your Employment Law Questions
Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. You will be protected against unfair dismissal because you have over 1 year's service with this employer. It therefore means that the employer must show there was a fair reason for dismissal and also follow a fair procedure. Redundancy is a potentially fair reason for dismissing someone. In terms of redundancy payment, you will not be entitled to one unless you have at least 2 years' continuous service with the employer on the date your employment terminates. So it does mean that if you are dismissed before 2 April and your employment terminates before that date, you will not be entitled to receive any redundancy pay
But if dismissed for redundancy I am entitled to one months notice. If notice is given on Monday it takes me to 2 April on which date I have two years service.
Unless they terminate your employment by paying you in lieu of notice, which terminates it immediately
But surely that would be unfair in a case of redundancy?
No at all, it is rather common
but check if your contract allows it
But it would be breach of contract. Would a tribunal uphold that when the purpose was to avoid paying me redundancy paymenrt?
do you mean your contract does not allow for payment in lieu of notice?
I've just chewcked. It does allow for payment in leiu of noptice.
I've just checked. It does allow for payment in leiu of notice.
If I make it to 2 April what is my entitlement to redundancy pay?
then unfortunately it will not be a breach of contract to terminate your employment by paying you in lieu of notice, even if it avoids paying you redundancy. If you are still employed by 2 April then yes you would be entitled to redundancy pay
Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? Thanks
Just one thing - I have some shares under a SAYE scheme which I get to keep if made redundant but not otherwise. They are worth more than the redundancy pay. So if they terminate my employment, either I get to keep them or it will have been unfair dismissal?
this has nothing nothing to do with the fairness of the dismissal though
yes but as I understand your answers they can only fairly terminate my employment by reason of redundancy
no, this is just one of the possible reasons, it can also be misconduct, capability or some other substantial reason
yes but they don't apply do they? asking for part time working and being off sick with stress isn't a fair reason is it?
no, the most likely outcome would be redundancy
So I get to keep the shares
well you said you get to keep them if you are made redundant...
yes, but not otherwise.
ok so it depends on the reason for your dismissal - if it is redundancy you keep them, if it is not, then you don't
quite so. that was the reason I asked about what my rights were in terms of unfair dismissal.
well if you are dismissed for an unfair reason the you can make a claim for unfair dismissal and seek compensation, and if you should have been made redundant instead then you can include in your claim compensation for the shares
Has this clarified things for you?
Great, all the best