redundancy pay

[tell-me-more]

I've just been made redundant. My contract says the notice term is one month, but my employer says I'll only be paid to the end of the current month, and that as a gesture of goodwill.

I have only been at the company for 1 year and 9 months, so I know I'm not entitled to statutory redundancy pay, but shouldn't I be paid the one months' notice period?

[factor-fiction]

Yes. You need to ask your employer to explain/review..

[jake-the-peg]

It's just worth noting that if you were selected for redundancy by an improper method you would be protected under unfair dismissal legislation as the qualifying period for this is only 1 year.

http://emplaw.co.uk/researchfree-redirector.as px?StartPage=data%2f07400802.htm&PageTitle=QUA LIFYING%20PERIODS%20OF%20SERVICE%20FOR%20RIGHT S%20%2F%20redundancy%20%2F%20right%20to%20stat utory%20redundancy%20pay

Have you asked what the criteria was for making you redundant -if possible get this in writing.

See here for example about an employers responsibilities when selecting people for redundancy.

http://www.compactlaw.co.uk/monster/empf24.htm l

Note point 4

[themas]

If your contract requires the employer to give you 1 months notice then that is what they have to do, unless dismissal is for gross misconduct (which does not apply with redundancy).

If they fail to pay it talk to ACAS about taking them to an Employment Tribunal for unpaid wages, or visit your local CAB.

Incidentally, if you are not working out the notice period it is not paid as wages. It is compensation for breach of the employment contract by the employer and is paid without any tax or national insurance being deducted.