Notice...does it need to be written?
Notice...does it need to be written?
Author
Discussion

Hard-Drive

Original Poster:

4,193 posts

245 months

Thursday 9th July 2009
quotequote all
I got back from holiday on Sunday night to find out first thing Monday morning that I was being made redundant (3 1/2 years in enterprise sales for a multinational telecoms company). The company is in Ch11/UK administration at the moment so is choosing to ignore contractual notice periods/severance etc (that's another story) and I was told verbally that I was "at risk" and will be made redundant first thing on Monday AM, and told in the same conversation that the following day, Tuesday, would be my last. In this particular round of redundancies, the company is having the generosity to give employees one week's notice, so I said you cannot give me one day's notice...the company conceeded so my last day was changed to the following Tuesday, 1 week from the phone call.

However, apart from that phone call, I have had no written or emailed notice of redundancy whatsoever, apart from a generic FAQ sheet emailed to me.

Even though I am aware of the impending redundancy verbally, shall I wait until I get the letter that was supposed to have been sent out to me, and demand that I am paid for another week after receipt of that letter?

Flibble

6,521 posts

197 months

Friday 10th July 2009
quotequote all
According to this site: http://www.redundancyhelp.co.uk/MgtComms.htm
You should be given 2 weeks written notice.

JonRB

78,079 posts

288 months

Friday 10th July 2009
quotequote all
However, if the company is in Administration there may not be a lot of point taking them to a tribunal - they could be under by the time of the hearing.

Scawie

331 posts

224 months

Friday 10th July 2009
quotequote all
Time to do as much asset stripping as possible to make up for the lost pay from your contractual notice period.

P.s. I will not be held responsible if you end up in prison for this.

Hard-Drive

Original Poster:

4,193 posts

245 months

Friday 10th July 2009
quotequote all
OK so still nothing whatsoever...I was expecting a pack with lots of info in, leaving date, returning company car info, the lot.

Sureley until I'm notified in writing, I still work for them and should be getting paid as such?

bertie

8,567 posts

300 months

Friday 10th July 2009
quotequote all
Under UK employment law, you must have written notice that you may be potentially effected, then there is a mandatory 30 day consultation period, then you are told in witting that you have been selected and your position is redundant.

Final settlement consists of your contractual notice period, or pay in lieu, any unused accrued holiday both of which are taxable and your statutory redundancy which is tax free.

I'd recommend the ACAS site.

Flibble

6,521 posts

197 months

Friday 10th July 2009
quotequote all
Consultation period is 0-90 days depending on the number of people being made redundant.

bertie

8,567 posts

300 months

Friday 10th July 2009
quotequote all
Flibble said:
Consultation period is 0-90 days depending on the number of people being made redundant.
Really?

I understood it was 30 days for individuals and up to 19 people within a period of 90 days, for 20 and over within a period of 90 days there had to be collective consultation with an appropriate elected panel of representatives, but agins the consultation was for 30 days.


Flibble

6,521 posts

197 months

Friday 10th July 2009
quotequote all
0 for 1 to 19 people.
30 days for 20 to 99 people.
90 days for 100 or more.

This is all detailed in the link I posted above in fact!

Hard-Drive

Original Poster:

4,193 posts

245 months

Saturday 11th July 2009
quotequote all
Oh, don't worry about the consultation periods and notice periods...the administrators have already decided to flout UK employment law in this case and the fight is going on.

My point really was can I get another week's salary out of them as I still have not been "officially" notified, even if they are ignoring what I (and hundreds of others) are contractually and legally entitled to?