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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47355
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Hello, Its likely I will be made redundant in the coming

Resolved Question:

Hello,
It's likely I will be made redundant in the coming week(s) and after checking my employee contract there are no specific clauses covering redundancy notice periods. The only clause stipulating a notice period is: -
"17.1 The Employee may terminate his employment by giving to the Company not less than 12 weeks’ notice.
17.2 The Company may terminate the Employee’s employment by giving notice as set out below and in accordance with the Company’s disciplinary process (Section 11.0 Staff Handbook):
Length of Service Period of Notice
1 month to 2 years 1 month
2 years to 10 years 1 month + 1 week for each complete year of service
10 years or more 12 weeks
17.3 In cases of gross misconduct, the Company reserves the right to terminate the Employee’s employment without notice or a payment in lieu thereof."
I've been with the company for 5 years, so am I right to assume they must give 2 months and 1 week notice?
Can the employer force you to take your remaining annual leave during your notice period so to reduce any additional payout for leave still to be taken?
Thanks.
Submitted: 2 years ago.
Category: 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. As you have worked there for 5 years the employer must give you 1 month, plus an additional 5 weeks' notice on top of that. They can indeed force you to take your holidays as part of your notice period and all they have to do is give you notice that is at least twice as long as the leave to be taken. So for example if they want you to take 10 days' holiday they must tell you of this at least 20 days in advance. You cannot challenge this unfortunately so if the employer has given the correct notice period the leave must be taken.

Ben Jones :

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

Customer:

Thanks Ben for the clarification, much appreciated.

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