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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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On Friday 13th June a day before I went on two weeks annual

Resolved Question:

On Friday 13th June a day before I went on two weeks annual leave I received a phone call informing me that I was unsuccessful in the selection process "But not to worry as the transitional period runs until September when any changes will be implemented". the successful candidate has been informed that she will take up her new position in September.
I was requested to attend a meeting whilst I was on annual leave, the meeting was on 25th June, I returned to work today 1st July. Today I received NOTICE OF REDUNDANCY letter dated 25th June (posted 30th June recorded delivery) the notice period started on the 25th. Is this correct as not only was i expecting to work until September but it means I have lost one weeks notice.
Many thanks *****
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today. How long have you worked there for?

Customer:

I have been working at this job for 6 years but was TUPE transferred to a new company in April and it is this new company that have made me redundant.

Ben Jones :

Notice of termination of employment becomes valid once it has been issued, which in your case it could be on any day, even the day the meeting was held on. So it is possible for the employer to have issued the notice immediately following the meeting on the 25th. However, notice cannot be given retrospectively so if the notice was actually issued on the 30th, but the letter inside was only dated 25th, the actual notice period would start to run from the 30th as that is when it was issued.


 


As to working until the end of September, the employer may have given you an indication that this may happen, but unfortunately it would not be a legal guarantee. Once notice of termination has been issued that is the time limit which becomes binding.


 


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

Customer:

Thanks Ben

Customer:

Yes I understand the situation better now, I will inform my employer that they will have to alter the date of issued date of the notice period.

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