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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47903
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I have just been informed that we are entering a consultation

Resolved Question:

I have just been informed that we are entering a consultation period where the sales force is being made redundant but they can reapply for 1 of 6 new jobs the date stated for the end of the period is 02/01/14. I have been with the company 6yrs 11months at that date, am I right in assuming they have to offer a six week notice period from that date if I am either made redundant or take voluntary redundancy and if so will that count to bring my entitlement to 7 years.
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. How long have you worked there and what would you like to achieve?

Customer:

6 years 11 months to understand my rights

Ben Jones :

Apologies for the slight delay, I experienced some temporary connection issues earlier on. All seems to be resolved now so I can continue with my advice. Does your contract state that your employment can be terminated by giving you payment in lieu of notice?

Customer:

No it states that 1 months notice needs to be given by either side. Today I have been informed though not officially yet that if we take voluntary redundancy we will receive 1.5 weeks for each week of service in redundancy, plus 4 weeks pay for having taken voluntary redundancy and 1 week for each year of service as notice i.e. 6 weeks notice. this is why I asked the question as if those 6 weeks count as employment I will have been there for 7 years not 6 years and 11 months.

Ben Jones :

If at the end of the consultation period your employer still has to proceed with the redundancies, they should issue you with formal notice of redundancy in order to terminate your employment. Unless your contract contains a specific clause allowing your employer to terminate your employment by paying you in lieu of notice, you must be allowed to work through that notice period. In doing so you would go reach the 7 years' service and at the time your employment actually terminates you would have 7 years on which the calculation should be based.


 


If the employer tries to terminate your employment by paying you in lieu of notice, when no such clause exists, then they will be acting in breach of contract and you can make a claim for wrongful dismissal if necessary.

Ben Jones :

I hope this has answered your query. Please take a second to leave a positive rating, or if you are unhappy for some reason with the advice - please get back to me and I will assist further as best as I can. Thank you very much

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