Contractual Vs Statutory Notice Period

Hi all,

A colleague of mine is currently appealing against his redundancy notice period given as one week. He has worked here for a year and a half.

His contract states that: "You are required to give notice of termination of employment of not less than 4 weeks or as mutually agreed. You are entitled to receive notice of termination of employment in line with current legislation.”

The BERR Redundancy consultation and notification - Employment Policy & Legislation states in the “(d) When do the redundancy notices take effect?” portion of the “What does the consultation process mean in practice?” section:

“Redundancy notices take effect at the end of the employee’s contractual or statutory notice period (whichever is the greater).”

Can we argue that his contract is 4 weeks notice and statutory is one week and therefore the notice period should be 4 weeks, being the greater of the two?

Thanks

DB

Hi Duncan

I am afraid that his contractual notice period on dismissal is the same as statutory (i.e. one week). It is unfair for the employer to insist on 4 weeks on resignation but not unlawful.

regards

Pete