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In the current climate with COVID-19 employers are reviewing their options with staff, and there have also been several updates to employment law in the UK. More employees are unfortunately at risk of redundancy due to unprecedented times. If you’re unsure about the changes in employment law, it’s advisable to seek professional support from an employment lawyer. Our employment solicitors Leicester can help you with the situation with your staff in your local area. If you’re looking for legal advice in Birmingham or Leicester, Bond Adams can provide advice on the changes in the law regarding notice period and redundancy.
What is the current UK employment law notice period?
The statutory notice periods are currently one week’s notice if the member of staff has been employed for a period of one month to two years. One additional week’s notice is then added for each year if the member of staff has been between two and twelve years. Twelve weeks’ notice is required if the member of staff has been employed for twelve years or more at the same company.
Employers can give notice to employees while they’re currently on furlough, but notice pay must be calculated with respect to employees who have been furloughed on reduced pay. It’s also more important to consider that employees might be at more risk of redundancy, so the notice period should be given in plenty of time. There has, however, been some debate concerning whether the normal notice period should be extended.
Are there any complications relating to notice pay brought about by COVID-19?
According to UK employment law, the Employment Rights Act (ERA) still stands which ensures that the notice pay is based on normal pay. This also applies in the case of furloughed employees and employers must disregard any reduction in the amount payable as a result of any staff members being furloughed. The ERA regulations don’t apply, however, to those with a notice period of more than one week more than the statutory minimum.
New regulations came into effect on the 31st of July 2020 which amend various calculations of statutory entitlements. Employment law states that when an employer makes a member of staff redundant, the employer will need to make these calculations based on their regular pay, rather than their furlough pay.
With furloughed employees, the notice pay will depend on the contract and agreement. In the case that the notice period is extended, employers will need to carefully review the contract in each individual situation. The contract and the furlough agreement will state as to whether the employee is entitled to furlough pay during the notice period.
An employment solicitor can give you more advice on each individual case regarding the notice period and pay. If you’re looking for an employment lawyer in Birmingham or Leicester, Bond Adams may be able to help. They can provide expert advice on the UK employment law notice period. If you would like more information about employment law in the UK, get in touch today.