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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 49836
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Following completion of the consultation period I had my third

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following completion of the consultation period I had my third individual consultation with my employers on Monday who verbally confirmed I am to be made redundant following 25 years service. I have had nothing in writing and still have only a rough idea of my redundancy package. The company wish to end my employment at the end of this month and will pay me a pilon for two months notice. They are treating this month as if I am in notice period but I am not sure if I am legally in the notice period now or is that only effective when they give me formal written confirmation that I am to become redundant
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. What is your contractual notice period?
Customer: replied 1 year ago.
Hi Ben Jones, my contractual notice period is three months
Customer: replied 1 year ago.
I am entitled to an excellent redundancy package it is just the problem with the lack of formal notification and, as they want pay pay me in lieu of notice, when would I be deemed to actually have entered notice period
Hello, sorry I had to go offline before your reply had come in. There are no formal legal requirements in relation to the mechanics of giving notice of termination of employment. The first point of reference would be your contract and you need to check if it specifies how notice must be given, e.g. if it has to be in writing. However, following the Supreme Court's decision in the case of Geys, it is important not only that notice is given but that it is made clear that this is what is being done. Further case law has confirmed that notice is not effective until it is actually given and effectively communicated to the employee, with an ascertainable date on which the contract is to cease. So if your contract contained no specific requirement for notice to be given in writing and the employer had told you specifically you redundancy has been confirmed and that they are now issuing you with notice of termination, specifying your termination date, that could amount to valid notice being given and the notice period would start to run. However, if the contractual requirements on giving notice had not been satisfied or the employer had not specified that they are giving you actual notice of termination, this could be challenged. 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
Ben Jones and 2 other Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you for your assistance
You are most welcome