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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46792
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Hello. I have been made redundant and I am receiving a payment

Resolved Question:

Hello. I have been made redundant and I am receiving a payment in lieu of notice. I have worked at the company for 9 years so 9 weeks pay. However, in the role when I left, the job I was doing required me to give 12 weeks notice if I left. This was not stated in my contract and even though I have changed job roles within the same company, they did not re-issue me with an updated contract. Other colleagues with the same job title as me but with a newer contract are receiving 12 weeks pay (infact, I have been doing the job longer then them too!) Am I entitles to 12 weeks ???
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.
Ben Jones : Hello, my name is ***** ***** it is my pleasure to assist you with your question today. Did the longer notice period only apply if you were resigning rather than the employer dismissing you?
Customer:

I'm not 100% sure, all I know is my colleague who has a newer contract is receiving 12 weeks. There has always been and understanding since i started this role, that if I left I would have to give the company 12 weeks notice as this is what I was advised when I was interviewed. The contracted I started with was in a more junior role and only required 6 weeks notice. When i got the latest job, a contract variation form was completed which just showed my new job title and a higher salary. The company car also changed to a higher spec too which was also not recorded.

Ben Jones :

Thank you. The issue with this is that the law does not require employers and employees to give the same notice period on termination. There is a minimum you would be entitled to in law, which is a week for every year, but anything on top of that would be at the employer’s discretion. Also if you were required to give 12 weeks’ notice if you resigned it does not require the employer to give you the same – they can still just give you the minimum 9 weeks required by law in the absence of anything else to suggest that you are due a longer notice period. Generally this would be contained in your contract, or if there is nothing in writing it would only apply if there was some formal agreement between you and the employer to that effect. The fact that other employees doing the same or similar jobs get the 12 weeks does not give you automatic rights to get the same as each employee can be governed by different terms.

So you would need to show that either your contract entitles you to 12 weeks’ notice on termination by the employer (not just a requirement that you give that on leaving), or that there was some other formal agreement between you and the employer where it was agreed that this is the notice period that would apply to you.

Hope this clarifies your position? If you could please let me know that would be great, thank you

Customer:

OK thanks. I have queried it with them anyway, I'll see what they come back and say. It just doesnt seem fiar that I have been their longer in the current role than other yet I get 9 weeks, they get 12.I Thought that there is a principle in employment law where terms become implied into an employment contract by ‘custom and practice’ which makes them binding even if they are not written down anywhere so I though this might apply.

Ben Jones :

there is indeed a principle in employment law called custom and practice but you would need to show that something has been consistently applied for years. For example you would have to show that all employees in the company or at least those doing your job have always or for a number of years been given that longer notice period.If it is not something applied consistently or for long enough then it is unlikely to qualify

Ben Jones :

Hope this clarifies?

Customer:

Yes thanks

Ben Jones :

you are welcome, all the best

Customer:

I wanted to rate as Excellent but faces are greyed out so unable to select one

Ben Jones :

sorry it may be a bug, we can process at our end, thanks

Expert:  Ben Jones replied 2 years ago.
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Category: Employment Law
Satisfied Customers: 46792
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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