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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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hi i started work on monday 3rd june 2007 and i am being made

Resolved Question:

hi i started work on monday 3rd june 2007 and i am being made redundant on 31st may 2014 does this count as 7 years service or 6 . the company is continuing trading
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.

Ben Jones :

What are the circumstances surrounding your redundancy please?

Customer:

Company downsizing through loss of customer i started first working day of june 2007 and my leaving date after notice will be 31st may 2013 . they have only offered 6 years redundancy pay statutory minimum i think it might be technically 7 completed years service

Customer:

sorry 31st may 2014

Ben Jones :

OK, thank you, XXXXX XXXXX this with me - I will look into this for you, get my response ready and get back to you on here. No need to wait around and you will get an email when I have responded, thank you

Customer:

cheers thanks

Ben Jones :

Thanks for your patience. Your length of service would depend on when your employment actually terminates. So there are a few possible scenarios in this situation:


 



  1. You are issued with notice of redundancy on 31 May and are then asked to work through your notice period, which would take you over the anniversary of your employment and you would have 7 years of service

  2. You were issued with notice of redundancy earlier and the notice actually expires on 31 May when your employment officially terminates – you will have 6 years’ service in that case.

  3. You are issued with notice of redundancy on 31 May but are dismissed immediately and paid in lieu of notice. The employer can only do that if our contract allows it and there is a payment on lieu of notice clause. If that is the case you will only have 6 years of service. If no such clause exists, they cannot dismiss you by paying you in lieu of notice and you will instead have 7 years of service.


 


So these are the possible scenarios and your service will depend on which one actually applies.

Ben Jones :

If your end date after completing notice is 31 May 2014, then I am afraid you will only have 6 years service because it is calendar days that count, meaning you would only have the 7 years service if you had been in employment with them on 3 June 2014

Ben Jones :

Hello, I see you have accessed and read my answer to your query. 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? I just need to know whether to close the question or not? Thanks

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