Employment law anyone?

[damers2000]

Hi all,

I find myself in the same position as many these days and that is that I will be out of work from the 7th June as I'm being made redundant along with my colleague. (only 4 of us, 2 staff and 2 directors).

I asked my Manager on Friday about my redundancy package as I have only been given 4 weeks notice and a redundancy figure of X. The redundancy figure I believe to be correct but I'm certain I should have 7 weeks notice and also be paid for any holidays not taken. His response was that regardless of whether the figure he has given me is correct or not, they do not have the money to pay out anyway. He said he would pay it as and when they could afford.

I have worked for these people since 1997 and the position I'm in now makes me feel physically sick as I was expecting a lump sum to tied me over but now it appears that won't be the case. I have a family to support like many others and I just don't know which way to turn with this.

In hind sight, it's a good job I asked as redundancy day would of arrived and we would of been told then.

Any help with this would be greatly appreciated. I have spoken to ACAS but it would be very helpful to hear other peoples views on this one due to its nature.

Many thanks!

P.S. - The last thing I want to do is sell the Vectra!!

[HITFACTORY1403]

i Googled " Redundancy Pay " and it came back with this ... Direct.gov.uk ... web site which is very useful when it comes to terms and conditions of the work place and families entitlements ..

=============================

Good luck with your case ..

---------------------------------------------------

www.direct.gov.uk/.../RedundancyAndLeavingYourJob/Redundancy/DG_ 10029836 - Cached - Similar

Insolvent employers or unable to pay redundancy pay

If your employer is declared insolvent or cannot pay your statutory redundancy pay, you can apply for a direct payment from the National Insurance Fund. To do this you must first write to your employer asking for your statutory redundancy pay. If they are still unable to pay you then you should fill out a RP1 form available from the Insolvency Service.

• Download a RP1 form from the Insolvency Service (PDF 100K) Opens new window

• Help with PDF files

Employees not entitled to statutory redundancy payments

Some employees are not entitled to receive statutory redundancy payments. In some specific situations employees that should normally be entitled to statutory redundancy pay might lose this right with their employer.

[triple595]

i had a shock that as im only 36 i get capped redundancy of 400 per week, ive got 7 years service in, and have to be given 3 months notice, just as well i gett full pay for my 3 months i can say lol.

must check my holiday situation to

[m8internet]

I'm being made redundant along with my colleague. (only 4 of us, 2 staff and 2 directors).
I have worked for these people since 1997

That is quite a cut, looks like either the Directors have given in or are hoping they can continue just by themselves?

Is the company actually ceasing trading on a specific date and able to make redundancy or being declared bankrupt / insolvent?

Finally, I need to know your current age, as the amount of redundancy depends on a few other factors

Assuming the company is continuing to trade, then for 15 years full service you are entitled to 12 weeks notice (the maximum calculated)
However, if both parties agree, you can leave on full pay early, and this is the usual solution as the current employer has no work (so saves them on some other costs)
Equally, they may be seeking a scheme known as PILON which means they terminate your employment irrespective and then pay all the amounts (and this may be where they get the 7 weeks from, as an example if the lease on the premises ends during July)

Remember also that the redundancy follows the notice period, some employers make this mistake (and quite knowingly too), and is paid as a lump sum after the final payslip (it is important it is paid separate from that final payslip)

I would suggest you submit details to ACAS, once you have that response make a written complaint to the employer (served by Royal Mail Recorded delivery, through a solicitor, or an independent witness)
More likely the employer will just pay what they think you are due, resulting in you proceeding to industrial tribunal, by that stage the company will have been wound up, so you will then have to make a new claim through the National Insurance Fund

However, one step at a time and see where it goes...

[damers2000]

That is quite a cut, looks like either the Directors have given in or are hoping they can continue just by themselves?

Is the company actually ceasing trading on a specific date and able to make redundancy or being declared bankrupt / insolvent?

Finally, I need to know your current age, as the amount of redundancy depends on a few other factors

Assuming the company is continuing to trade, then for 15 years full service you are entitled to 12 weeks notice (the maximum calculated)
However, if both parties agree, you can leave on full pay early, and this is the usual solution as the current employer has no work (so saves them on some other costs)

Remember also that the redundancy follows the notice period, some employers make this mistake (and quite knowingly too), and is paid as a lump sum after the final payslip (it is important it is paid separate from that final payslip)

I have worked with them since '97 but in 2003 they formed a new company which I was asked to join and I did. This was October 2003 so I can only say I have been employed by them for a full 7 years.

I don't think they are winding the company up, I think it is his intention to keep the company running in the back ground. They haven't said for sure what is happening. He has also said that he may close it down but not sure.... Either way, he's making the staff redundant.

I am 30 years old, 31 in September.

I can't believe we have 1 week of employment left and they havne't told us anything regarding redundancy apart from the fact they have no money to pay. I feel like I am being done over and I am expected to go in and work this week. Since I've been there i've always been the first in and last out, just goes to show

Thanks to all who have replied with help on this, the website listed above looks very helpful too.

[farley2708]

do they not claim the 'redundancy money' back from the government? i've been with the same company since 89,they cant terminate my employment at any time & i wont get a penny........................due to health issues,i want to work but cant due to this,kinda know how you feel mate i defo dont want to loose my vec