Contract of Employment - Notice Period

[matth200]

Hello,
I am currently going through a redundancy process and my employer has stated that they only have to give me 5 weeks notice (ERA), however I have a letter from the CEO which states that my notice period is 3 months. The letter is slightly ambiguous because it does not specify any more than that but I always took that to mean that I would receive three months notice if my employment was terminated by my employer. A few week ago I did request clarification on this matter but they only stated that I would receive 1 month notice which I did not agree with.

Can somebody help please, I'm going through a very stressful time at the moment and I would like to know whether they should be paying 3 months or 5 weeks.
Thanks a lot

[ULA]

I presume you have been employed by the company for 5 years hence the reason they have given you 5 weeks notice as this is the statutory requirement in redundancy. However, if you have a signed contract of employment that states 3 months notice from the company to you then that overrides the statutory minimum requirement and that is therefore what they should give you.

Hope this information helps.

[matth200]

Hello, thanks for the info. The contract does not state specifically that the notice period is what they have to give me it is left ambiguous. I queried it with HR a month ago and they told me it is 1 month that they have to give me and are now saying because I never objected at the time this is what it will be.

[ULA]

Your contract should state the notice period required to be given by you and your employer on termination. If you want you can post up the clause in your contract that deals with your notice period (please anonymise) if you would like me to check.

In regard to a redundancy situation there are set statutory minimum notice periods - between a month and 2 years is at least a week, then between 2 years and 12 years service is one week for each year of employment, unless you have a contract that provides for a greater notice period. So for example if your contract states a month's notice and you have been employed for 8 years you will be entitled to 8 weeks notice.

What was the reason you had a letter from the CEO and what was the reason given for increasing your notice period to 3 months. Again what was the wording used in the letter? Did you get the letter at a date after you started your employment and were given your contract?