How Much Notice Do I Get On Redundancy And Do I Have To Work It?
The employer should give you at least the
statutory notice
of a week for each complete year of service, up to a maximum of 12
weeks. So someone employed for 7 years gets 7 weeks’
notice. However you might well be entitled to longer notice
under your
contract of employment – a monthly paid worker
should get at least one months’ notice, even if they have been
employed for less than four years.
Be careful not to confuse warnings and
consultation, with notice of dismissal. Notice only counts if
it is clearly addressed to you, and specifies the date you will
finish work and your employment will end. If you leave
because of a general warning that redundancies are coming, you may
lose your redundancy pay.
Similarly, when your employer does give you
notice, you must wait for it to run its course. Do
not leave your job as soon as you receive the notice of
redundancy - you may lose your redundancy payment.
If you want to leave before your notice
expires e.g. to take up another job, you can ask your employer to
agree an earlier termination date, on the basis that you will still
get your redundancy payment. Alternatively, during the
statutory notice period you can serve written
counter-notice to leave early, and if your employer does not object
you can go (with your redundancy pay) when your counter-notice
expires. However before your counter-notice ends your
employer can object to it in writing, saying that if you leave
early they will withhold your redundancy pay. You then have
the option of leaving when your counter-notice ends, and arguing in
an Employment Tribunal that your employer’s objection was
unreasonable and that you should get your redundancy pay – a risky
strategy.
Your employer may give you pay in lieu of
notice, providing your contract allows for this.
If you have two years’ continuous service at
the time your notice from your employer expires, you are entitled
to a reasonable period of paid time off during working hours to
look for a new job.
An employer who proposes 20 or more
redundancies within a period of 90 days or less should consult with
the recognised union or (if there is none) with representatives
elected by the workforce. Consultation should begin at least
30 days before the first redundancy takes effect. Where the
proposal is for 100 or more redundancies, consultation should begin
at least 90 days before the first one is due to take effect.