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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48795
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Is verbal notice of redundancy legal as long as the appropriate

Resolved Question:

Is verbal notice of redundancy legal as long as the appropriate length of notice is given?
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello does the contract state it must be given in writing?
Customer: replied 1 year ago.
Hi Ben
There is nothing in her contract about giving notice in writing
Expert:  Ben Jones replied 1 year ago.
Are you the employer?
Customer: replied 1 year ago.
Yes
Expert:  Ben Jones replied 1 year ago.
Have you already issued the verbal notice?
Customer: replied 1 year ago.
We issued the verbal notice well before Christmas that 3 members of staff would be made redundant at the end of March ... she is saying that she was only given a 'mere warning of impending redundancy and this cannot be construed as formal notice' and that she was only given formal notice when she was handed her payslip on 30th March. Two others members of staff were given the same notice and would be willing to confirm this
Expert:  Ben Jones replied 1 year ago.
Ok thank you leave it with me please I will reply fully this afternoon, just in tribunal at present
Customer: replied 1 year ago.
Thank you
Expert:  Ben Jones replied 1 year ago.
Many thanks for tour patience. There is no legal distinction between verbal and written notice of termination and either can be just as legally binding. Firstly you must check if the contract stipulated that notice must be given in writing because that would make it a contractual requirement and the contract cannot be terminated if this condition was met. However, you have confirmed that this is not the case so contractually you would not have been required to issue it in writing.Next, to be valid, notice of termination must be effectively communicated to the employee. Therefore, you must have clearly told her that she is being issued with notice of termination of employment and confirmed her leaving date. If you simply told her that she is being made redundant without mentioning that she is being served with notice or confirming her end date that is unlikely to amount to effective communication as required and as such the notice is unlikely to be valid. It would mean that you would still have to issue her with formal notice if you wish to terminate her employment. So as you can see it is all down to how you communicated the notice of termination as to whether it was valid.I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
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Customer: replied 1 year ago.
I think it was clearly communicated so that has answered my question .... thank you
Expert:  Ben Jones replied 1 year ago.
You are welcome , all the best