Redundancy service calculation and pay-in-lieu-of-notice query

[Nottseagull]

I worked full time for an LA from 8 May 1989 until 30 April 2004, but my redundancy was only calculated on 14 years service. However, I was paid the statutory 12 weeks in lieu of notice, even though I actually worked about a month of the notice period (it was a local government enhanced scheme). Should this have extended the assessment to 15 years?
These regulations seem to suggest I should....

Relevant end date for your years of service

The number of weeks’ redundancy pay you should receive is worked out up until a set ‘relevant date’. It is important to know when this date is so you can work out how many full years of continuous service you have.
The 'relevant date' can be a number of dates. In most cases it will be the date when your employment ends (eg the last day of your notice period). In some situations it will be different:

if your employer gave you a statutory notice period until a set date, then changed your notice period to finish earlier - the relevant date will be when your notice should have finished before it changed

if you are on a trial period for another position within the company and your employer lets you go because the work is not suitable - the relevant date would be when your original contract ended before the trial period

if you do not have a statutory notice period (eg because of a payment in lieu arrangement) the relevant date would be when your employment contract would have ended if you had a statutory notice period

Source: Calculating your redundancy pay : Directgov - Employment

 

[Shropshire Seagull]

I worked full time for an LA ...

LA ?

Landscape Architect ?
Lufthansa Airways ?
Legal Advisor ?
Lord Adonis ?
Lovable Asshole ?

Help us out fella ....

 

[Dandyman]

LA ?

Landscape Architect ?
Lufthansa Airways ?
Legal Advisor ?
Lord Adonis ?
Lovable Asshole ?

Help us out fella ....

Local Authority

 

[Dandyman]

I worked full time for an LA from 8 May 1989 until 30 April 2004, but my redundancy was only calculated on 14 years service. However, I was paid the statutory 12 weeks in lieu of notice, even though I actually worked about a month of the notice period (it was a local government enhanced scheme). Should this have extended the assessment to 15 years?
These regulations seem to suggest I should....

Relevant end date for your years of service

The number of weeks’ redundancy pay you should receive is worked out up until a set ‘relevant date’. It is important to know when this date is so you can work out how many full years of continuous service you have.
The 'relevant date' can be a number of dates. In most cases it will be the date when your employment ends (eg the last day of your notice period). In some situations it will be different:

if your employer gave you a statutory notice period until a set date, then changed your notice period to finish earlier - the relevant date will be when your notice should have finished before it changed

if you are on a trial period for another position within the company and your employer lets you go because the work is not suitable - the relevant date would be when your original contract ended before the trial period

if you do not have a statutory notice period (eg because of a payment in lieu arrangement) the relevant date would be when your employment contract would have ended if you had a statutory notice period

Source: Calculating your redundancy pay : Directgov - Employment

Your redundancy should have been on 15 years service however given that you left 6 years ago I'd suggest that there is little you can now do about it. Sorry.

 

[beorhthelm]

didnt you ask this question last week? and isnt it a tad late to be worrying about it, 6 years later?

 

[Lord Bracknell]

It seems to me that you are only complaining about the number of weeks pay you received in lieu of notice, not the lump sum you received for your full period of service.

You say this is "a local government enhanced scheme". Do you mean it's been enhanced as a result of a decision by your own employer? Or is it an agreement amongst all local government employers?

Is it part of the enhancement that the reckonable notice period is extended beyond the "statutory" maximum?

Either way you probably need to ask your former employer whether the sum paid to you was calculated correctly or incorrectly, rather than expect NSC to know.

 

[Nottseagull]

didnt you ask this question last week? and isnt it a tad late to be worrying about it, 6 years later?

On that thread, I questioned whether the 1½ weeks holiday pay which was added to the final payment would extend the service. It didn't, but in answering somebody else's query, Lord Bracknell posted the link where I found the info that I have posted here (thanks LB).
Somebody tipped me off back in 2004 that there may have been a shortfall, but when I queried it with the Council I must have only mentioned the holiday, and not the in-lieu-of-notice period.
I only questioned it now because I wanted to make sure before the legal limit (6 years?) for claims expired.

 

[Nottseagull]

It seems to me that you are only complaining about the number of weeks pay you received in lieu of notice, not the lump sum you received for your full period of service.

No, I was paid more than the minimum in that they only needed to pay me about 8 weeks.

You say this is "a local government enhanced scheme". Do you mean it's been enhanced as a result of a decision by your own employer? Or is it an agreement amongst all local government employers?

I'm not sure; are you familiar with the national agreement?

Is it part of the enhancement that the reckonable notice period is extended beyond the "statutory" maximum?

No, it's just the number of weeks paid per year of serviced as far as I know.

Either way you probably need to ask your former employer whether the sum paid to you was calculated correctly or incorrectly, rather than expect NSC to know.

I thought it prudent to be on a sounder footing before trying to coax an LA to research something from 6 years ago in a reasonable time.

 

[Hove Lagoonery]

Your redundancy should have been on 15 years service however given that you left 6 years ago I'd suggest that there is little you can now do about it. Sorry.

I hope you ignored the 2nd part of this advice, the 6 years is not up until Friday. Possibly later if the redundancy was paid some weeks later as per s.o.grimsby.

1. If your claim is based on Contract then you must bring your action against your opponent within 6 years of the date of the breach of contract. However for certain types of contract the period can be extended to 12 years (e.g. where the contract is in the form of a Deed).

Time Limits

 

[Nottseagull]

The redundancy payment was made on 14.5.2004 so I have prepared a 'letter before action' which I have emailed to my former employer today. Should I also deliver a hard copy?

 

[severnside gull]

yes and get proof of receipt