Contract notice period

[FrankHovis]

Hi all, after a bit of advice.

The company I work for is closing next month and we have just received our settlement figures. It states on my contract I am entitled to 3 months notice. My redundancy statement has been worked out on 12 weeks, instead of the 13 weeks I was expecting. The lads on our shop floor are on a different contract where they receive 1 week for every years service, up to a max of 12 weeks. It doesn't state a max of 12 weeks on my contract, just 3 months, which to my mind is 13 weeks. I've been told the HR director is adamant that 12 weeks is all we will get. I know it's only a weeks pay, but its better in my pocket than theirs. Any idea where I stand? I am due to see HR early next week to query my statement.

[Cmof]

They are clearly breaching your contract, actionable for a claim of Wrongful (not Unfair) Dismissal. Ask HR to look into that aspect. If they do not play ball, you can make a claim to a Tribunal, which they would not wish to defend.

[edc]

Notice pay is different to redundancy pay. Are you comparing like with like? Are you working notice or will you be paid in lieu?

[FrankHovis]

edc said:

Notice pay is different to redundancy pay. Are you comparing like with like? Are you working notice or will you be paid in lieu?

I'm getting 4 weeks redundancy pay, a week for every year I've been there. Notice pay is seperate and they are paying in lieu. I'm hoping for the sake of a weeks pay, they will see sense and pay it. There are about 6 people on the same terms as me and they have done the same for all, paying 12 weeks notice. I've looked at my contract again and it clearly states 3 months notice. We get paid in calender months, not 4 weekly, so I don't really see where they are coming from.