Continuous employment redundancy notice

[Guest]

I have been employed since 2013 but unfortunately have now been made redundant. In December 2019 I signed a new contract as I was promoted. In this contract it states the following at the beginning “Under the Employment Rights Act your period of continuous employment commenced on the date you join the company, namely 5th November 2013. This will remain the same even if you start a new position within the company”

It goes on with the other clauses eg salary, hours, holiday entitlement etc....

We then get to the part which states “Ending Employment” in which it states;

”Periods of notice
In your first year you will receive, or have to give, one month’s notice to end your employment. After that you will have to give three months notice if you want to leave and in return the company will give you three months notice......”

I have queries this with my HR and the response I have received is “ I can confirm you signed a new contract in December 2019 which states that in your first year your notice period is one month”

Is this correct, as it is my understanding that I have been employed continuously for 7 years and should receive the three months notice?

[ULA]

Hi, regardless of whether you signed a new contract your continuous service from your previous contract goes with you therefore you should be entitled to 3 months notice as per the contract.Â*

Even if they were to try and enforce that if you are being made redundant then the statutory redundancy notice would be one weeks' notice for each year employed between 2 and 12 years. This means the statutory minimum you would get is 6 weeks as you have completed 6 years service. However if contractual notice is greater than statutory notice, then contractual is the winner.

Hope that makes sense.
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