When are you legally considered an employee?

[Legend83]

We received news that our company is being put up for sale and that redundancy may well be a possibility.

I have been with the firm for only four months.

The underlying intention of the board is to ensure "all" employees are given severance pay.

It is unlikely any sale would go through within the next 2 months, by which time my probationary period would be up resulting in increased notice period etc.

BUT, would I be considered an employee within the law if I have worked for the firm for less than a year, and therefore be eligible for the minimum weeks pay severance package?

Or is this a question for the terms of my contract?

[edc]

Legend83 said:

We received news that our company is being put up for sale and that redundancy may well be a possibility.

I have been with the firm for only four months.

The underlying intention of the board is to ensure "all" employees are given severance pay.

It is unlikely any sale would go through within the next 2 months, by which time my probationary period would be up resulting in increased notice period etc.

BUT, would I be considered an employee within the law if I have worked for the firm for less than a year, and therefore be eligible for the minimum weeks pay severance package?

Or is this a question for the terms of my contract?

You are an employee. If I read in between your lines you are aware that with less than 2 years service that you are not eligible for statutory redundancy pay. I wouldn't worry too much about that as depending on your age you would only get £1140 max anyway if you just trickled over 2 years. If your contract has a redundancy calculation then you will be contractually entitled to it if you meet any relevant criteria. If the business has just made a generalisaed statement then there is no contractual commitment for them to pay out on it unless there is a custom and practice that redudnacy has been paid in this way previously.

[Legend83]

Wording of current information is "a minimum of 12 weeks pay for all employees".

My current concern is that I am not within this right as a "probationary" employee, but I just wanted to check whether legally I am an employee for severance purposes.

I guess my question came off the back of someone here saying, 'well what if someone joined today and was made redundant tomorrow - do they get 12 weeks pay?'

Cheers,

L83

[edc]

Legend83 said:

Wording of current information is "a minimum of 12 weeks pay for all employees".

My current concern is that I am not within this right as a "probationary" employee, but I just wanted to check whether legally I am an employee for severance purposes.

I guess my question came off the back of someone here saying, 'well what if someone joined today and was made redundant tomorrow - do they get 12 weeks pay?'

Cheers,

L83

"Current information" is discretionary unless it is contractual by express term or custom and practice. It is quite normal to exclude probationers from certain company benefits so you should refer to your contract and offer letter to see if this is the case.

[Legend83]

edc said:

Legend83 said:

Wording of current information is "a minimum of 12 weeks pay for all employees".

My current concern is that I am not within this right as a "probationary" employee, but I just wanted to check whether legally I am an employee for severance purposes.

I guess my question came off the back of someone here saying, 'well what if someone joined today and was made redundant tomorrow - do they get 12 weeks pay?'

Cheers,

L83

"Current information" is discretionary unless it is contractual by express term or custom and practice. It is quite normal to exclude probationers from certain company benefits so you should refer to your contract and offer letter to see if this is the case.

Will do, thanks.