Employee with 12 years service and contractual entitlement to three months notice was given three months notice of redundancy (after due consultation) to expire on 30 June. She was given the option of leaving a month early and getting one month’s pay in lieu provided work was tidied up. It was and she left a month early and was paid final settlement on 28 May (although penion contributions were also paid for June). P45 shows the leaving date as 31 May. Application for unfair dismissal was received by Tribunal office in mid September. Tribunal have refused request for pre-hearing review. ACAS advise that the statutory notice period cannot be shortened for reasons of establishing EDT (!?). Employee argues she was on “garden leave”. This is denied.
What are the rules and where is the statutory authority for them? Any case law?
Richard McNamara