WO toolkit 2012 complete.pdf - GMB

SECTION 5.37
37. 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 seven years gets seven 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.
REMEMBER: there may be more than one person affected by this issue.
Consider calling a meeting to advise,recruit and organise.