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Old 12-03-09, 03:49 PM
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Default Working out when i will leave






Okay, found it's likely i will be made redundant soon. I am just trying to work out exactly when i will be leaving.

I am having my 1-to-1 meeting next Thursday. I am therefore assuming this will be the start of my consultation period (30 days?). Either during or at the end of which time i will be notified that i will be made redundant.

At that point my redundancy notice period will begin (1 week x number complete years service) which is 5 weeks.

What about contractual notice period? Does this have any affect? is it absorbed into the redundancy notice or in addition to?
There is a question mark over my contract anyway....i worked for a company for around 10 weeks before it was bought by my present company and my contract was TUPEd across. I don't recall ever seeing my contract. I am legally entitled to see my contract if i wish am i not??

Furthermore, my employers would have the option to pay up my notice period would they not and i leave straight away? As i may request that? Would this be tax deductable unlike redundancy pay itself?

Regards,
Al
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Old 12-03-09, 04:41 PM
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Hi Al

There is no set consultation period when fewer than 20 employees are to be made redundant at any one establishment within a 90 day period. The employer just needs to follow a fair procedure, which normally means consulting for around 2 weeks before serving notices. They could perhaps justify just consulting for a few days or less, depending on the circumstances. 30 days consultation only applies if 20 or more employees are being made redundant.

If you are made redundant you will be entitled to notice and redundancy pay. The notice period will either be 5 weeks or longer if your contract gives you a longer notice period (5 weeks is the minimum the employer can give you in law). If you are paid in lieu of notice, it may be tax free, depending on whether the employer has the contractual right to pay in lieu (in which case tax will be due) or not.

You will also be entitled to redundancy pay, which will be made as a lump sum. Statutory redundancy pay is calculated based on length of service and your age. The easiest thing is to type your details into BERR's Ready Reckoner to see how much you should get: http://www.berr.gov.uk/whatwedo/empl...page33157.html

If you were TUPE'd to your current post then your terms and conditions should have remained unchanged. You should have been given a letter notifying you who your new employer was, but not necessarily a new set of T&Cs. If you were not given a written statement of your terms of employment when you started with the new employer, you should have been (within two months of starting).

Hope that helps!

Pete
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