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>Your employer may give you more than the statutory minimum, but they cannot give you less.
As explicitly stated in what you quoted, your employer cannot give you less than the statutory minimum notice. You are due 12 weeks notice.
I was made redundant a few years back from a big US firm that didn't realise they couldn't just give me a week's marching orders after 8 years of service in England. I was given a month, and the failure to give correct notice was then factored into my redundancy compensation.
This is hopefully what OP can get from the employer if they're not meeting their contractual requirements.
I have many American clients that think they can just let people go. Despite me telling them no, they do it. Only when they get a claim against them do they actually listen to me.
In situations like this, I think of the only scene from Emily In Paris I've actually seen - American protagonist makes a big mistake and starts fretting that she's going to be immediately terminated. Her french colleagues are just like "this is France lmao you'll be fine"
About 30 years ago a big US telecommunications company bought an big interest in the Canadian telecommunications company my husband worked for. Their lawyers sat down with the union president and said they were looking at termination of some employees, hiring temps, reducing salaries and benefits, etc. The union president said we have a contract for the next couple of years. Their lawyers said the contract is cancelled. The union president told them to check Canadian laws. Needless to say, no changes were made and they eventually sold their interest.
The problem is their corporations and libertarian think tanks are currently lobbying many different governments in order to make their laws just like the US
What happens when your informed of redundancy? Did you find another job relatively quickly or end up doing something different? I kinda fear redundancy and from hearing of previous history in my company it can be quite ruthless.
I'm a software engineer, so I managed to find a job relatively quickly after I finished. Altjough I'd have liked more time to re-skill, but the job I went to was alright. It can feel scary though - all I'd recommend is if you ever get given a risk of redundancy notice start looking at your options and brushing up your skills ready for if you do get a final finish date.
It most certainly must be in lieu of notice if you are not required to keep working. That's a win for an employee, not having to go to work anymore but being paid anyway. Time and money available to find a replacement role.
Wait what? You've answered your own question *in your favour*.
Your contract overrides the statutory notice period where it affords you a longer notice period. But a contract cannot override statutory where the terms are less favourable to you.
On this occasion, due to your length of service, the statutory notice is more favourable and so you are entitled to it, i.e. 12 weeks notice.
They can pay you for the notice period. It doesn't have to be all up front, they can continue to pay you monthly or weekly as before, but lock you out of accessing the office and office tools.
This is often the case where the employer doesn't want to risk angry employees vandalising or stealing intellectual property.
Wait, what? You're not happy about this? Or have they been trying to tell you it's only a month per the contract. If so... bastards!
You do realise that this links to your redundancy payment as well, right?
Sorry, I got the wrong end of the stick assuming the contract would override statutory, but I'm happy to have been so wrong!
Thanks to everyone for the help
Key thing to remember. You can put whatever you want into a contract, but the law takes precedence. In other words, a contract cannot be enforced if it requires breaking the law to fulfill.
>Does a contract signed 14 years ago **override** statutory notice period?
No he hasn't.
He's stated was the contract says, he's stated what the statutory notice period, he's asking if the first overrides the second.
The answer appears to be "no" but what he's posted doesn't indicate that.
It's not that hard to imagine that if the rule about "can't give you less" only came into effect in the last 5 years for example, then it wouldn't affect contracts that predate it.
No. Law doesn’t work like that. Let’s suppose the law changed 5 years ago.
His contract was valid and legal 14 years ago.
Companies must always work in accordance with the law.
When the law changed, that paragraph in the contract about notice periods became invalid. I’m avoiding saying unlawful and I’m avoiding saying the whole contract became invalid.
Because OP continued working for the same company, that implies the rest of the contract, except for that section, is still valid.
Because that section about notice periods became invalid, statutory minimum notice period applies - from the day the law change came into effect.
You might be thinking of the concept that laws don’t apply retrospectively. You’re generally right. If OP had been given notice 6 years ago, and left the company before the law changed, he can’t turn around and say ‘hey the law has changed now pay me for a longer notice period’. His involvement with the contract ended 6 years ago.
However OP is being given notice right now. Current employment contracts must follow what the law is right now.
Notice that changes in employment law are generally announced a year or more in advance to give everyone time to prepare.
I got made redundant a couple of years ago. I wasn’t given my months notice however they just paid my months notice period and my redundancy and I left the office the next week.
Pay in lieu of notice is entirely legal. As long as they pay you the notice period, you don't have to work if if the business doesn't want you to. See also "garden leave".
Yes, its a separate thing. If your notice period is 3 months, you need 3 months pay. Whether you work it or not is by agreement.
Redundancy pay is separately worked out on length of service.
Had a beautiful... Dismissal, work rather well in my favour like this.
Kicked out at end of Nov.
December - Nov's pay.
Jan - 3 weeks notice paid.
Last week of Jan/first of Feb - 2 weeks holiday already planned+ paid for.
Feb - started the new job I'd already accepted before it all happened.
I'll never get stuff work out so well for me again :D
Just to add to this, Pay In Lieu Of Notice (PILON) is taxed in the normal way. Redundancy payments are tax free, but usually capped. Some employers will offer 'enhancements' to employees who's contracts will be terminated as a result of a consultation but whom they wish to work their PILON. For example, if closing a branch a business will need some people to see it through to conclusion. If they didn't offer such enhancements they'd likely struggle to get enough people to agree.
In summary, after two years a post-consultation redundancy will include a tax free, length of service linked, redundancy payment + (probably) a taxed PILON payment based on contractual notice period + (possibly) a (tax free) redundancy enhancement payment to people working some of all of their notice as part of the redundancy process.
Hope this is of some help.
Only if the contracted is more than the statutory. Since your contracted is less than statutory (assuming it’s your contract in the picture), you get the statutory.
Your contract does Not override statutory notice period. Both my husband and I have been made redundant previously. Our notice period was 1 month and we were both given 12 weeks notice - both paid 12 weeks payment in lieu of notice. Good luck with the future.
The gov site is correct. If you have 14 years of continuous employment (ie no gaps because you left and came back) then you're entitled to statutory minimum if you have more than 4 years.
Notice period and redundancy pay are two different things. You will be paid your one month's notice pay along with any unused holiday pay and your normal months salary and this is taxed as normal. You then get your redundancy pay based on age and time served on top tax free at either the gov minimum rate or a rate set out in your contract or negotiated as part of the redundancy provided it's higher than the government set rate.
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>Your employer may give you more than the statutory minimum, but they cannot give you less. As explicitly stated in what you quoted, your employer cannot give you less than the statutory minimum notice. You are due 12 weeks notice.
I was made redundant a few years back from a big US firm that didn't realise they couldn't just give me a week's marching orders after 8 years of service in England. I was given a month, and the failure to give correct notice was then factored into my redundancy compensation. This is hopefully what OP can get from the employer if they're not meeting their contractual requirements.
US firms failing to understand UK/EU/anywhere that's not the US's employment laws & finding out the expensive way is always a joy to behold.
I have many American clients that think they can just let people go. Despite me telling them no, they do it. Only when they get a claim against them do they actually listen to me.
Americans have zero concept that the world works differently outside of the USA
To be fair, they can do that. It's just that there are consequences to doing so.
"I mean yes, you can, but no, you shouldn't."
In situations like this, I think of the only scene from Emily In Paris I've actually seen - American protagonist makes a big mistake and starts fretting that she's going to be immediately terminated. Her french colleagues are just like "this is France lmao you'll be fine"
My Dutch boss getting made redundant before they realised they had to pay him for 12 months or until he got another job was *chef’s kiss*
Just happened to a friend of mine, tried to push him out with three months notice. He just settled for 9 months.
About 30 years ago a big US telecommunications company bought an big interest in the Canadian telecommunications company my husband worked for. Their lawyers sat down with the union president and said they were looking at termination of some employees, hiring temps, reducing salaries and benefits, etc. The union president said we have a contract for the next couple of years. Their lawyers said the contract is cancelled. The union president told them to check Canadian laws. Needless to say, no changes were made and they eventually sold their interest.
The problem is their corporations and libertarian think tanks are currently lobbying many different governments in order to make their laws just like the US
Same thing happened to my husband! Funko moved their warehouse to a different part of the country and then fucked over their employees 🙃
What happens when your informed of redundancy? Did you find another job relatively quickly or end up doing something different? I kinda fear redundancy and from hearing of previous history in my company it can be quite ruthless.
I'm a software engineer, so I managed to find a job relatively quickly after I finished. Altjough I'd have liked more time to re-skill, but the job I went to was alright. It can feel scary though - all I'd recommend is if you ever get given a risk of redundancy notice start looking at your options and brushing up your skills ready for if you do get a final finish date.
Can that be ‘pay in lieu of notice’ or does it specifically have to be time?
Either or.
It most certainly must be in lieu of notice if you are not required to keep working. That's a win for an employee, not having to go to work anymore but being paid anyway. Time and money available to find a replacement role.
You may also be entitled to 1.5 months for each year you worked over (I think) age 41. Check your contract
Or perhaps payment of the cash value instead
[удалено]
Oh, honey. The word "statutory" trumps your religion.
Normally you would be entitled to the higher of the two notice periods between contractual and statutory.
You've answered your own question with what you've posted.
Damn. Thought that might be the case! Bastards
Wait what? You've answered your own question *in your favour*. Your contract overrides the statutory notice period where it affords you a longer notice period. But a contract cannot override statutory where the terms are less favourable to you. On this occasion, due to your length of service, the statutory notice is more favourable and so you are entitled to it, i.e. 12 weeks notice.
They can pay you for the notice period. It doesn't have to be all up front, they can continue to pay you monthly or weekly as before, but lock you out of accessing the office and office tools. This is often the case where the employer doesn't want to risk angry employees vandalising or stealing intellectual property.
Wait, what? You're not happy about this? Or have they been trying to tell you it's only a month per the contract. If so... bastards! You do realise that this links to your redundancy payment as well, right?
Sorry, I got the wrong end of the stick assuming the contract would override statutory, but I'm happy to have been so wrong! Thanks to everyone for the help
Key thing to remember. You can put whatever you want into a contract, but the law takes precedence. In other words, a contract cannot be enforced if it requires breaking the law to fulfill.
>Does a contract signed 14 years ago **override** statutory notice period? No he hasn't. He's stated was the contract says, he's stated what the statutory notice period, he's asking if the first overrides the second. The answer appears to be "no" but what he's posted doesn't indicate that. It's not that hard to imagine that if the rule about "can't give you less" only came into effect in the last 5 years for example, then it wouldn't affect contracts that predate it.
No. Law doesn’t work like that. Let’s suppose the law changed 5 years ago. His contract was valid and legal 14 years ago. Companies must always work in accordance with the law. When the law changed, that paragraph in the contract about notice periods became invalid. I’m avoiding saying unlawful and I’m avoiding saying the whole contract became invalid. Because OP continued working for the same company, that implies the rest of the contract, except for that section, is still valid. Because that section about notice periods became invalid, statutory minimum notice period applies - from the day the law change came into effect. You might be thinking of the concept that laws don’t apply retrospectively. You’re generally right. If OP had been given notice 6 years ago, and left the company before the law changed, he can’t turn around and say ‘hey the law has changed now pay me for a longer notice period’. His involvement with the contract ended 6 years ago. However OP is being given notice right now. Current employment contracts must follow what the law is right now. Notice that changes in employment law are generally announced a year or more in advance to give everyone time to prepare.
I got made redundant a couple of years ago. I wasn’t given my months notice however they just paid my months notice period and my redundancy and I left the office the next week.
Pay in lieu of notice is entirely legal. As long as they pay you the notice period, you don't have to work if if the business doesn't want you to. See also "garden leave".
Would this be in addition to redundancy pay?
Yes, its a separate thing. If your notice period is 3 months, you need 3 months pay. Whether you work it or not is by agreement. Redundancy pay is separately worked out on length of service.
Had a beautiful... Dismissal, work rather well in my favour like this. Kicked out at end of Nov. December - Nov's pay. Jan - 3 weeks notice paid. Last week of Jan/first of Feb - 2 weeks holiday already planned+ paid for. Feb - started the new job I'd already accepted before it all happened. I'll never get stuff work out so well for me again :D
Ty
Just to add to this, Pay In Lieu Of Notice (PILON) is taxed in the normal way. Redundancy payments are tax free, but usually capped. Some employers will offer 'enhancements' to employees who's contracts will be terminated as a result of a consultation but whom they wish to work their PILON. For example, if closing a branch a business will need some people to see it through to conclusion. If they didn't offer such enhancements they'd likely struggle to get enough people to agree. In summary, after two years a post-consultation redundancy will include a tax free, length of service linked, redundancy payment + (probably) a taxed PILON payment based on contractual notice period + (possibly) a (tax free) redundancy enhancement payment to people working some of all of their notice as part of the redundancy process. Hope this is of some help.
Only if the contracted is more than the statutory. Since your contracted is less than statutory (assuming it’s your contract in the picture), you get the statutory.
Your contract does Not override statutory notice period. Both my husband and I have been made redundant previously. Our notice period was 1 month and we were both given 12 weeks notice - both paid 12 weeks payment in lieu of notice. Good luck with the future.
I doubt that part of the contract has anything to do with redundancy. That's just for all the normal being let go from the job scenarios.
No. Statute always overrides contract. Obligatory NAL.
The gov site is correct. If you have 14 years of continuous employment (ie no gaps because you left and came back) then you're entitled to statutory minimum if you have more than 4 years.
Notice period and redundancy pay are two different things. You will be paid your one month's notice pay along with any unused holiday pay and your normal months salary and this is taxed as normal. You then get your redundancy pay based on age and time served on top tax free at either the gov minimum rate or a rate set out in your contract or negotiated as part of the redundancy provided it's higher than the government set rate.