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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 64496
Experience:  Qualified Employment Solicitor
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I'm being made redundant tomorrow. I've been with the

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I'm being made redundant tomorrow. I've been with the company for only five months, but have passed my probation period. I'm not the only one being made redundant, there are more than 20 of us. What are my rights?
JA: Have you discussed the termination with a manager or HR? Or with a lawyer?
Customer: They haven't provided the official notice yet, it's happening tomorrow morning. I haven't discussed this with a lawyer, as I thought I understood the process but having spoken to an employee assistance hotline they have given me some conflicting advice.
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: I'm a full time employee
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I have a 3 months notice period in my contract
Customer: replied 3 days ago.
(Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call.
Customer: replied 3 days ago.
Let me know if you need more information, or send me the service offer(s) so we can proceed.

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?

Customer: replied 3 days ago.
Hi Ben, I'd like to find out what payments am I entitled to from this redundancy? Do I get my 3 months notice pay? As there are more than 20 of us being made redundant how does this change the scenario of notice?

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?

Customer: replied 3 days ago.
Is the notice pay they provide me the statutory notice pay ie. a week based on how long I've been employed, or the 3 months notice that is outlined in my contract to terminate?
Customer: replied 3 days ago.
As they haven't given me the official notice yet, is it possible for me to resign beforehand and still be eligible to be paid out of my contractual notice period of 3 months

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?

Customer: replied 3 days ago.
Okay, so just so I'm absolutely clear, as my contract states that my notice period is 3 months (and I have passed my probation period) I'm legally entitled to be paid out my normal monthly salary to cover the 3 months notice period plus any outstanding annual leave entitlements that I have accrued during my time of employment?
Customer: replied 3 days ago.
Also, as there are more than 20 of us being made redundant, does that technically mean that I have one more month of pay for the consultation period, plus the 3 months notice plus accrued annual leave?

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?

Customer: replied 3 days ago.
Yes, thank you that clarifies a bit. What would be the clause that suggests that my employer could lay me off without pay? Is this in relation to PILON?

no, it would be to do with lay off specifically

Customer: replied 3 days ago.
Right okay once they give us official notice tomorrow, I will legally be entitled to receive my 3 months notice pay, plus my outstanding annual leave as they terminate my contract through redundancy.

correct

Customer: replied 3 days ago.
Okay great thank you so much for clarifying this Ben, it is much appreciated.

All the best

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