redundancy situation

  1. #1
    CtizenX CtizenX is offline Junior Member
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    Default redundancy situation

    Hi all,

    I wonder if somebody would be able to help out with some answers to the below query.

    My wife has recently been informed she is to made redundant and was wondering about the entitlements which she should receive. I have started off by giving a brief description of the circumstances and her employment history so that you are aware of a few more facts. I have also tried to make the questions I'm asking stand out a bit so they are easier to see.

    She has worked in the same shop (7 staff work in her shop) in an outlet shopping centre for the last nine and a half years. The outlet centre which she is working in is being closed down to be redeveloped therefore all the shops in the centre are being closed down. This is happening on the 1st July 2011. The company she works for are saying that the outlet village itself has not given them the correct notice however her area manager was made aware of the closure possibility months ago. Her company have now accepted the fact that the outlet village is closing down as of the 1st July and last week gave her a letter saying that her job may be at risk and there is a redundancy situation. She has had a second meeting today (25/5/11) and has now been told as of the 1st July she will be made redundant and will receive a letter shortly outlining her redundancy package.

    Having done a bit of online research with the governments website and CAB I have worked out that for her age and length of service she would receive 7 weeks redundancy pay. However I have also seen information regarding the length of notice she is entitled to which I have worked out to be 9 weeks notice 1) Am I correct in thinking this? (By the way, her contract of employment does not give any details of redundancy therefore I am looking at the stautory amounts). She as of yet has not received any formal written notification of termination of employment only the verbal statement today as previously mentioned. 2) Does the notice of termination start from written notification or verbal and also at what point because I have read somewhere it is from the day after you receive it, the notice period starts and not the day? Either way round she has not had the full 9 weeks (if I'm reading things right) she is entitled too. 3) Does this mean that the company will need to pay her the remaining notice period? roughly about 4 weeks at the moment although as previously mentioned no notice has been given in writting yet. 4) Would this 4 weeks be in addition to the stautory 7 weeks redundancy pay?

    5) Also if the company say they were not officially given the correct notice from the outlet centre does that invalidate the minimum notice period they can provide her?

    6) When she gets written information of her redundancy package, what from the description given above should we expect to see is to be paid? I appreciate that I haven't provided salary details but just a break down in weeks worth of money would suffice. I only ask this so we can get it straight in our heads whether we need to approach the company to say they have made a mistake.

    I'm sorry if that all sounds a bit long winded but it is giving us headaches trying to find the right answers and all I want is for her to be given what she is entitled to. I apperciate any clarification on the matters mentioned that anyone can supply.

    Many thanks

    CtizenX

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    SarEl's Avatar
    SarEl SarEl is offline Expert Advisor
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    Default

    1) Assuming her notice is stautory and not contractual, then there is something wrong with the calculation I think. To have 9 weeks notice she would have to have completed 9 years service, which you say she has. Did she start very young at the shop - because 7 weeks redundancy would mean that at least part of the time has only been calculated at a half weeks pay - I reckon that as four years served under the age of 22. If that is correct then the claculation is correct.

    2) Notice starts on the day after you receive it. It does not matter whether it is verbal or written (although a verbal notice is hard to prove)

    3) Yes it does.

    4) Yes it would

    5) No it doesn't

    6) I don't do maths, I do law! There are online calculators so google one!

    Hope that helps. You seem to have got it pretty much right.


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  4. #3
    CtizenX CtizenX is offline Junior Member
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    Many thanks for the expediant reply.


 
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