Employment Lawyers Can Answer Your Employment Law Questions
Hello, I’m Ben, a UK lawyer and will be dealing with your case today. I may also need to ask some questions to determine the legal position.
What do you specifically want to know about this, please?
Thank you. As you have been there for less than 2 years it means you get no redundancy pay entitlement and also no unfair dismissal protection. That means the employer only has to give you notice and pay you for it, together with any accrued holidays. There is nothing else you are due. Whilst the employer would have to hold collective consultations because 20+ are being made redundant, failure to include you does not allow you to claim anything as you are not able to claim for unfair dismissal, which is what this would be if they did not consult properly.
Does this answer your query?
It would be as per contract as that takes precedence in the circumstances, so whether you resign or are made redundant, it would be the same. Does this clarify?
As long as the 3 month notice period applies to you on termination, then you are indeed due that and your normal pay for that time, unless the contract contains a clause allowing the employer to lay you off with no pay, which they could invoke if needed. You do not get an extra month for consultation, in your case that can be part of the notice period, in fact they do not even need to consult with you at all as mentioned, it is not something you can challenge in your case. Does this clarify things a bit more for you?
no, it would be to do with lay off specifically
All the best