As a works rep for a current round of (collective) redundancies, I have a strange circumstance to try and understand/discuss. Hope this makes sense
An employee has a contract where their notice period changes from 1 month to 3 months at a certain point in time - relating to their time of employment
They have been put at risk
The company is aiming to complete the redundancy two days before the T&Cs for notice period will change
If the company gives the employee notice of redundancy on this date, as the minimum notice period takes them over the "change" date, can anyone tell me what notice they should be entitled to?
It will be one month. If notice is given while the notice period is one month, then notice to be served will be one month. If notice is given after the change date when the notice period is three months, then the notice to be served will be three months.
thanx for confirming this... but just to clarify where the line is.....
If the date of the dismissal is exactly the last day of the period in question, in theory at 5pm that day thay will have completed employment for the period in question, but prior to 5pm they are still in the 1 month notice period in question. Sorry to be pednantic but this process is due to take place Tuesday afternoon (31st) with a number of people to be interviewed and could therfore theoretically extend until quite late... would be an interesting dilemma to discuss if the actual dismissal takes place after the time of completion on their contract for daily attendance. Would this matter, or does the period of contact extend up until midnight on that day?
They are still on one month's notice until the day the change is scheduled to take effect, which presumably is on 1st September.
So the best bet would be for representatives to refuse to extend meetings after working hours and to insist on adjournment until working hours the next day. If it's individuals only, with no representation, unless there is any contractual requirement for them to attend work outside normal hours, they should insist that meetings take place in working hours.
T&Cs Change During Notice Period 
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