Redundancy

[WR1]

I've just been made redundant. Been with my company for over 6.5 years. My employer is only giving me a statutory minimum but i think think there is a clause in my contract that entitles me to more. Can someone confirm:
"Following completion of the probationary period you are entitled to receive one month's notice of termination. After you have been employed for five continuous years, you are entitled to receive one additional week's notice for each whole year you have worked up to a maximum of 12 weeks notice"
From this i read i am entitled to one month plus six additional weeks, but employer says just six weeks maximum as statutory minimum with gov guidelines. By the way, our company does not have a redundancy policy.

[des8]

I would agree with your reading of that clause.
Tagging Ula

[Kati]

tagging mariefab too xx

[ULA]

In regard to redundancy following two years service you are entitled to one weeks notice per completed year of service.

Your clause states a months notice then one additional week per year of service after five year s so consistent with the statutory requirement.

So no you are not entitled to 6 weeks plus your one months notice, just six weeks notice.

[des8]

Hmm..the use of that word "additional" gives rise to ambiguity

[WR1]

Thanks for the responses. However, from i read, there are 3 pieces of information from the statement:

"After you have been employed for five continuous years" is a condition that the clause applied once this criteria is met which it indeed does
the key word was "for each whole year you have worked" and since i have done six whole years wouldn't that mean six additional years.

The one months initial notice period would be one calendar month and with the exception of February comprises of either 30 or 31 days, which is neither four complete weeks nor five complete weeks but around four and a half weeks.

The statement is "You have entitled to receive one additional weeks notice for each whole year you have worked". The initial notice period is four and a half weeks plus the additional weeks. The question is does the statement imply starting from year 5 or whole years worked as the statement suggests which would be six additional weeks since I have done six whole years.

I could be wrong but the statement is open to different interpretations.

[mariefab]

"Following completion of the probationary period you are entitled to receive one month's notice of termination."

So, if you were only employed there for 1,2,3 or 4 years you would have been entitled to more than the statutory minimum notice period.

Under your contract you were only entitled to 1 month's notice for 5 complete years. However the statutory minimum is 5 weeks.

"After you have been employed for five continuous years, you are entitled to receive one additional week's notice for each whole year you have worked up to a maximum of 12 weeks notice"

So, you get 1 month plus 1 additional week for each complete year of service "After you have been employed for five continuous years," according to your contract.
However, it appears that they accept that need to pay you for the required 6 weeks.

You are also entitled to redundancy pay of at least 6 weeks pay. 1 week per complete year when you were under 41 years of age. 1 and a half weeks per year when 41 or over.

In addition you are entitled to be paid for any holidays accrued but not taken by the end of your 6 week notice period.