I'm 27, and got made redundant a few weeks ago. I had worked for my employer for five full years, and he gave me just five days notice of my redundancy.( Is it a legal obligation for him to give me five weeks notice? If so, it would have taken me into my sixth year of working for him.)
I did recieve some redundancy pay, but I seeked advice, and don't think I received enough.
At the time of my redundancy, my boss also made another of his employees redundant. He had worked there for just under two years. (we were the only two employees)
Three days after being made redundant, I found out that the other employee had been taken back on by my boss. I think this was planned all along. Is this fair?
I'm not sure what to do next, any advice you can give me would be hugely appreciated.
redundancy - 5 week notice?
- 02-03-09, 04:42 PM #1Redundant09
Junior Member
- Join Date
- Mar 2009
- Posts
- 2
- Thanks
- 0
- Thanked 0 Times in 0 Posts
redundancy - 5 week notice?
- 02-03-09, 08:37 PM #2
Thank you for your question although I am sorry that you have been made redundant.
If you have worked for your employer for 5 continuous years, you should have received minimum redundancy pay of 5 weeks pay (capped at £350 with effect from 1 February 2009) plus 5 weeks notice.
If you disagree with your employer about your redundancy payment, I would suggest that you write to your employer requesting the outstanding amount. Failing that, you can refer the matter to an employment tribunal.
It is difficult for me to comment on your colleagues reinstatement without knowing whether they are in the same job as you or were your roles? If you could let me know, I can answer this part of the question.Clara Buckingham
(Any advice I submit to Redundancy Forum is given in good faith without any further liability or obligation).

Businesses, for professional HR advice Message me.
- 02-03-09, 10:14 PM #3Redundant09
Junior Member
- Join Date
- Mar 2009
- Posts
- 2
- Thanks
- 0
- Thanked 0 Times in 0 Posts
Many thanks for your quick reply. It is much appreciated.
I started working with the company on 03/03/03, I got told I was being made redundant on 08/02/09, with effect from 13/02/09.
Am I not entitled to 6 weeks of pay (capped at £350), because the five weeks notice I should have been given takes me in to my sixth year of working? Obviously I know nothing about this, so just wanted to clarify.
My colleague worked alongside me as a plumber. We both carried out exactly the same duties, although I drove the company van. I think there was about £35 per week difference in our pay (myself being paid more).
It feels like we were 'both' made redundant, so I could be pushed out easily. My boss said that he was struggling for work and was worried he was going to go bankrupt- he obviously wasn't because my colleague has worked for him everyday since!
I'm going to take your advice and write a letter. My boss isn't the most reasonble person, so I think I'l have trouble receiving the outstanding money. Where do I go from there? Will it cost me money to take him to an employment tribunal? As I'm sure you can imagine, I'm not in the most financially stable position at the moment!
Many thanks once again for all your help.
- 02-03-09, 11:05 PM #4
Hi, thanks for your reply.
As your notice of dismissal on the grounds of redundancy was issued to you 8th February 09 to take effect from 13th February 09, the notice, your notice period would take you to 20th March 2009.
The number of weeks’ redundancy pay you should receive is calculated up until a set ‘relevant date’. In most instances it will be the date when your employment ends (e.g. the last day of your notice period). In your case it is 20th March which takes you to 6 years continuous service. This would give you 6 weeks statutory redundancy payment..
Your employer cannot offer you less than the statutory minimum through your employment contract.
If your employer has recruited straight after by reinstating your colleague who performed the same role as you, you could have a case for unfair dismissal.
You are entitled to appeal against the decision to dismiss you and I would advise that you write to your employer outlining your reasons for appeal.
If you aren't able to sort things out with your employer, you may need to go to an Employment Tribunal. You must make the claim within three months of being dismissed. There is no charge for making a claim to an employment tribunal. So, unless you are paying a representative e.g. a solicitor, there is no cost in making a claim. There is also no legal aid for making a claim to the employment tribunal in England and Wales.
I hope this has helped. Let me know how things develop. All the best, I hope things turn out well for you.Clara Buckingham
(Any advice I submit to Redundancy Forum is given in good faith without any further liability or obligation).

Businesses, for professional HR advice Message me.
Please share us with friends or colleagues!
Similar Threads
-
3 months contractual notice over redundancy notice
in EMPLOYEES Ask redundancy questions -
I need Advised Please Help - 4 week cooling off period
in EMPLOYEES Ask redundancy questions




Reply With Quote








