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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47362
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I am being made redundant and being paid in lieu of notice,

Customer Question

I am being made redundant and being paid in lieu of notice, however my notice period will extend into an extra year of service , will this count
Submitted: 12 months ago.
Category: Employment Law
Expert:  Ben Jones replied 12 months ago.

Hello does your contract allow for termination in lieu of notice?

Customer: replied 12 months ago.
My contract does not say anything other than length of notice periods.
Start Date 14/09/2006
Redundancy 14/08/2016
Notice of 9 weeks received 21/07/2016 PILON up to 22/09/2016
Length of service inc notice period 10yrs 1wkHope this helps
Thankyou
Expert:  Ben Jones replied 12 months ago.

Hello, sorry I was offline by the time you had replied. An employer can only terminate an employee’s employment in lieu of notice if there is a contractual provision allowing them to do so. If there isn’t one, then they would be acting in breach of contract. That would allow the employee to pursue the employer for any losses or damages suffered as a result of that breach. So for example it would include any benefits the employee would have been entitled to had they been allowed to work up until their notice period had they not been paid in lieu. If that was going to give you an extra year’s service and as such entitle you to additional compensation under redundancy, that is a direct loss you have suffered as a result of the employer’s breach. Therefore, you would be able to pursue them for this additional pay which you missed out on as a result of their termination in breach of contract.

This is your basic legal position. I have more detailed advice for you in terms of the options you have for pursuing this further, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you

Ben Jones and other Employment Law Specialists are ready to help you
Expert:  Ben Jones replied 12 months ago.

Thank you. The best is to pursue this through the employment tribunal within 3 months of the alleged breach. A new feature in the employment tribunal’s claims process is mandatory early conciliation with ACAS. This requires prospective claimants to notify ACAS and provide details of their intended claim and they would then try to negotiate between the claimant and respondent to seek out of court settlement in order to avoid having to take the claim to the tribunal. It is possible for the parties to refuse to engage in these negotiations, or that they are unsuccessful, in which case they would get permission to proceed with making the claim in the tribunal.

If negotiations are initiated and settlement is reached, then the claimant would agree not to proceed with the claim in return for the agreed financial settlement.

The conciliation procedure and the form to fill in can be found here:

https://ec.acas.org.uk/Submission/SingleClaimantPage

In terms of the time limits within which a claim must be presented, the early conciliation process places a ‘stop’ on that and the time between notifying ACAS and them issuing permission to proceed with the claim would not count for the purposes of these time limits.

Customer: replied 12 months ago.
I will approach HR directly first stating my grievances, if no positive outcome I will contact ACAS . I do feel I have a case to claim for an extra years redundancy.Thankyou for your advice
Expert:  Ben Jones replied 12 months ago.

You are welcome, best of luck

Customer: replied 12 months ago.
HelloJust wanted to let you know, I sent an email to my HR dept today stating I had taken independent advice about my PILON and was going to contact ACAS. I had a reply within 45mins saying i was totally correct and Thankyou for bringing it to their attention (which I had already done verbally, and was assured that it wasn't the case) so I have a revised letter in the post and an extra years redundancy.Thankyou for your help in this matter
Expert:  Ben Jones replied 12 months ago.

Great, glad it is all sorted and all the best

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