When does a redundancy notice period come into effect?

About the Author

Name: Alan Lewis

Title: Principal Lawyer and Head of Commercial Division & Employment

Email: alan.lewis@lindermyers.co.uk

Telephone: 0161 837 6807

Review Solicitors

August 8th, 2013

Most employees are entitled to a redundancy notice period if they are selected for contract termination.

Linder Myers’ solicitors are often asked by both employers and employees “when does a redundancy notice period start”?

This employment law guide will address the commonly asked question. We will also look at the statutory notice periods available to workers and the contractual terms that employers can add to contracts in order to increase or remove a period of notice.

Starting a notice period

A redundancy notice period comes into effect from the moment an employee is formally advised of their leaving date.

This information should be provided in a written letter personally addressed to the individual. The document may also contain details of the person’s redundancy payment and employment rights during the upcoming period.

Linder Myers solicitors are highly experienced in drafting such letters for employers, making sure that they are legally binding and protect their best interests.

What are the different statutory redundancy notice periods?

An employee is required to work their statutory notice, unless otherwise stated in their contract. The different periods include:

  • Up to 1 week of notice for staff employed between 1 month and 2 years
  • 1 week of notice for each complete year served for staff employed between 2 and 12 years
  • 12 weeks of notice for staff employed for 12 or more years

If an employee chooses to depart before their redundancy notice period has ended, this can jeopardise their redundancy payments.

Exceptions to the rule

An employer can choose to add terms and conditions to employment contracts to alter redundancy notice periods. They have the opportunity to include longer notice periods, but cannot make them shorter.

Alternatively, they can offer payment in lieu of notice, where an employee receives the basic pay and any additional payments they would have received, without having to actually work their notice.

Legal guidance for employers and employees

Linder Myers can offer legal advice to employers and employees during redundancies.

Employers having to let staff go can turn to our Employ-Line service for specialist legal assistance. Our solicitors can guide you through a redundancy procedure to make sure that the process remains fair and objective, helping to prevent the occurrence of any costly Employment Tribunals.

Contact us on 0800 042 0700 for further information on the bespoke legal support we offer.

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