united-kingdom
Given notice of redundancy before 2 years employment, end date is after 2 years of employment - entitled to statutory redundancy pay?
<p>I work for a small company and due to lack of business they are changing their business model; as part of this my role is now being made redundant.</p>

<p>I was given my notice (a duration of 1 month) <strong>before 2 years</strong> of continuous employment. </p>

<p>On my confirmed last day of employment, I will have been working at the company for <strong>2 years and 14 days</strong>.</p>

<p>My employer <strong>states I am not entitled to statutory redundancy pay</strong> because I have worked with the company for less than 2 years.</p>

<p><strong>So my question is</strong> - Is the relevant date calculated from when you were given notice, or your effective end date that decides if you are eligible for statutory redundancy?</p>

<p><strong>Food for thought...</strong></p>

<ul>
<li>If it turns out I am eligible for statutory redundancy, could the employer enforce gardening leave before the 2 years deadline to cancel my eligibility? (curious!)</li>
<li>Halfway through my employment, I relocated abroad and now work remotely. Would this have any impact on my eligibility?</li>
</ul>

<p>Not a lawyer, but the UK Employment Rights Act of 1996, Part XI, Chapter IV, Section 155 says </p>

<blockquote>
  <p>An employee does not have any right to a redundancy payment unless he
  has been continuously employed for a period of not less than two years
  ending with the relevant date. <a href="https://www.legislation.gov.uk/ukpga/1996/18/part/XI/chapter/IV" rel="nofollow noreferrer">https://www.legislation.gov.uk/ukpga/1996/18/part/XI/chapter/IV</a></p>
</blockquote>

<p>The key phrase there is "ending with the relevant date" which is defined in the UK Employment Rights Act of 1996, Part XI, Chapter IV, Section 145(2)(a) as follows:</p>

<blockquote>
  <p>in relation to an employee whose contract of employment is terminated
  by notice, whether given by his employer or by the employee, means the
  <strong>date on which the notice expires</strong>,</p>
</blockquote>

<p>Emphasis mine</p>

<p>So your answer is <strong>Yes</strong>.</p>
