Redundancy/Employment law Question

[tim2100]

I am in the process of being made redundant. I am on gardening leave until the end of April. (well supposed to be i am now sat in the office trying to tidy bits up)

The end of my Notice period takes me until 11 days before my 2 year anniversary. So after my first consultation period, i have just been told that i am not eligible for any redundancy payment, just my Pay In lieu of notice.

Is this correct? Is an employee still without rights until the end of two years?

[siscar]

You aren't without rights but you do not have any entitlement to redundancy pay until you have been there for two years.

[scirocco265]

tim2100 said:

So after my first consultation period, i have just been told that i am not eligible for any redundancy payment, just my Pay In lieu of notice.

Is this correct? Is an employee still without rights until the end of two years?

'Rights' have nothing to do with it, you have increasing rights from day one up until 12 months service and then continuing from there. However, for statutory redundancy payments, you must have been employed for at least 104 consecutive weeks (2 years).

[bertie]

If you are on gardening leave you still acrue holiday, so get you last day of work, add on any unused holiday including what you've acrued on gardening leave, and if that takes you over 2 years then yes.

But bear in mind it won't be much at all, if you squeak 2 years, depending on your age, you are looking at 1 to 3 weeks pay at a max of £380 per week.

Edited by bertie on Wednesday 7th April 12:02