Notice of redundancy

C

Cents&Sense

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8
Help Please!

A few queries arise from my own current experience (I'm in the twilight zone of "1 months notice period").
  1. When is a month not month? In Labour Law, is a "months notice" one calendar month, 4 weeks or 30 days???
    • In my own case I was given notice on 2nd December 2008 to be told that I would be finishing on 30th December 2008. Can this be correct?
    • My contract of employment says "1 months prior notice in writing" but I have not received anything in writing yet. Should I keep quiet on this?
  2. When is a year not a year? The redundancy payments act says an employee is entitled to "2 weeks pay for every year of service". I will have served 5 years on 6th January 2009 but, as above, have been told I am finishing on 30th December 2008 - will this cost me 2 weeks pay as redundancy? Should I dig my heels in a ask to finish on 6th Jan? Is a part of a year taken into account as service?
  3. When is a holiday not a holiday? I work in construction and the industry shuts down for Christmas on 23rd December 2008 until 3rd January 2009 (some say it shut down 18 months ago!). This industry holiday period runs concurrent with my notice period - in my case, is it holidays (such as I am entitled to) or is it notice?
Answers on a P45 please - I would really appreciate your help.
 
Your questions are interesting, but have they any practical importance?

1) Let's say you are right, then they can't let you go until the 2nd January. Does that matter? Two extra days' pay. You are better off dealing with people on a practical basis rather than trying to get an extra day due to some technicality.

Notice in writing. Again, they have made it clear that they are giving you notice. Maybe in law, you have a right to challenge them on this. If the shoe was on the other foot and you had given in your notice orally, would you feel obliged to stay on another month?

This all gets down to how your employer is handling this. If he is treating you well generally, then you should not be taking advantage of technicalities. If he is treating you unfairly, then maybe take advantage of the technicalities.

2) Again it does not matter. It is not based on whole years. Someone working 5 years and one day, gets a tiny bit more than someone working 5 years.

3) A very interesting question. Leaving out the complexities of the construction industry. If an employee is given two weeks' notice just as they are going on one week's holidays, I would presume that it is a total of two weeks and not three weeks.

You are being paid for your holidays anyway.

Brendan
 
The Redundancy calculator actually calculates the period less than one year, so you will not lose out there at all. Google Redundancy Calculator, its simple to use.
Also when finishing up you should receive all hol pay as entitled to at date of leaving. If its in your terms of Emplyment 1 months notice in writing, on a technicality, it would appear you have not received this, but are you splitting hairs here ?

Secman
 
In fairness my Employer has always treated me well and so I agree that pursuing minor technicalities serves no real purpose when, as Secman points out, the redundancy calculator takes part-years into account.

As for the holiday/notice issue (holiday pay aside) I am entitled to holidays due, as in X days off work, and I am also entitled to notice - if these are concurrent then I'm either getting one or the other but not both!

Also, the purpose of notice is, I believe, to afford the person being made redundant every opportunity to seek alternative employment - hardly the case if the industry is in shutdown.

Cents&Sense
 
Also, the purpose of notice is, I believe, to afford the person being made redundant every opportunity to seek alternative employment - hardly the case if the industry is in shutdown.
Click to expand...

You are in the construction sector? Were you not aware that your job was at risk?

Brendan
 
I finished work yesterday and would like to close out my own queries as follows:

1. My contract said a months notice and, after pointing this out to my employer, this is what I received.
2. As Brendan and Secman both pointed out, part years are considered in calculating statutory redundancy entitlement.
3. I was entitled to both notice and holidays - my employer acknowledged the omission and I have received payment for both.

I was (for almost 12 months) aware that my job was at risk but it still comes as a surprise when the final decision is made. It is even more surprising when it happens at Christmas.

Thanks for your help and best wishes to all of the unemployed in their search for jobs.

Happy New Year!
 
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