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  1. I was recently made redundant as the company is in financial difficulty. The director is completely dodgy having rolled the company a few times to get rid of debt and not pay his creditors. I have been offered the correct redundancy payment of 3 months as worked there for 2 years, they also promised me a payment of 3 weeks gross pay. I have received a letter stating these payments will be made as my monthly salary with the final payment having the extra included. I have been advised by the ops manager that the director is planning to roll the company again soon. I now have a new job to start but won't be able to let them have my P45 as I won't receive this until I get my last pay. I have emailed him to ask if he could pay in a lump sum to avoid me being taxed on a 2nd job but he has said he doesn't have the money and he will stick to the monthly payments. If he closes the company will I still be entitled to my redundancy?
  2. Good day everyone! I would like some advice regarding changes with the redundancy payment as shown in the Staff Handbook. In the past, our Staff Handbook showed that in the case of redundancies, payment will be calculated on a months salary for each year of service. (Which I have retained a copy of) In the last few weeks, I have reviewed the staff handbook again and it now reads that redundancy payment will be calculated on the statuary minimum, being a weeks pay for every year of service. This has come to a surprise to me and a lot of the other staff I work with. We are all wondering if this change is legal and fair, as it was implemented without our acknowledgment. Brexit is not too far away and we all believe it will have a fundamental effect on the business we work in and therefore we believe redundancies are inevitable. Can someone please advise if we have a leg to stand on or do we just accept that we have to put up and shut up. All comments welcomed! Thanks for reading Mark
  3. Hello all, Posting on behalf of a work colleague. Have passed them site details and suggested they register themselves. The person in question works as a cleaner for a third party company who have a contact with our business. Our business is part of a much larger group who are currently restructuring. As part of the restructure, our business is moving from its current facility to a new shared site along with other parts of the organisation. For this reason our contract with the cleaning company is due be terminated. This now leaves the cleaner, who has 8 years service at this site, all be it possibly with differing cleaning comapanies. By this I mean that although the contracted agent has maybe changed it has always been the person holding the position and performing the duties. They have essentially moved with the contact. They have now been informed that once the closes they are basically redundant. It is also being claimed they they are not entitled to any redundancy as it not them, her employer (cleaning company) who are making them redundant but us as we the ones moving site. No other positions are available for them to be relocated / transferred to. What are their rights in this case ?
  4. CAU Restaurants Limited: how to claim redundancy or register as a creditor READ MORE HERE: https://www.gov.uk/government/news/cau-restaurants-limited-how-to-claim-redundancy-or-register-as-a-creditor
  5. Poundworld Retail Limited in administration: how to claim redundancy or register as a creditor READ MORE HERE: https://www.gov.uk/government/news/poundworld-retail-limited-in-administration-how-to-claim-redundancy-or-register-as-a-creditor
  6. Statutory redundancy payments increase READ MORE HERE: https://www.gov.uk/government/news/statutory-redundancy-payments-increase
  7. I work for a subsidiary of a large company that has been bought recently by a larger international company. In their restructuring it is looking like our subsidiary is no longer of interest to our new masters, so they'll be selling it on. When this happens will we be made redundant with the old company and 're-employed' on new & undoubtedly sh1ttier contracts, (based on this company's reputation) with the new one or will we just be TUPE'd over seamlessly without issue? If this new company just decides to sell to a company I don't ethically respect/want to work for, then if I refuse to sign any new contract can I claim redundancy as effectively my original contract no longer exists as the company I signed it with no longer exists?
  8. Update for Carillion workers: claiming redundancy payments READ MORE HERE: https://www.gov.uk/government/news/update-for-carillion-workers-claiming-redundancy-payments--2
  9. right to start off, i liked working for my employer, its not to much of a suprise i was made redundant but.. Okay ive worked for the company for the last two years. early december 2015 i started work,through an agency,the probationary period was three months. Anyway before xmas they decded to take me on and i would go on company at the end of probation. okay last november instead of a percentage rise they would do appraisals last january early feb this year (the first every for me) and actually the first set of appraisals for people working there for 3 or 4 years. so last friday i thought i was being called up for an appraisal that is until i saw the envelope on the table. with pay in leiu until the end of this week i was allowed to go. Now okay, there reasoning is work had slowed down, to a degree this is true but with roughly 4 projects waiting to hit the shop floor,i thought it a bit odd anyway. The main reason far as i can tell is the goods in and stores need someone with a manual license. I have an automatic. Before id gone in the previous day a colleague had an appraisal and said they were going to get someone in to to cover both roles. i did suspect then. They did this with another guy in the office last year made him redundant. Then hired again just in a slightly different role The above is not my main issue, my main issue is theres a guy there whose worked there for 10 years and literally...the only reason he is there is because hes one of the directors family, swear down ive never known a more lazy person...its commonly know as well among management and employees that this is the case. I find it slightly odd the company gets rid of people but keeps this guy on? Now am i alone in being slightly irritated by how it played out, dont get me wrong i think in the end it will be a positive kick in the ass for me i just find it beyond reproach a company can afford a guy who does nothing! but i have to leave...especially when workwise..he serves zero productivity level.. Thats it!
  10. My husband [62] worked for a local family firm of printers [20 people] for the past 10 years. Ten years of night shifts [which he loved], late salaries, salary cuts, unhealthy/dangerous workplace [rain falling on his working machinery], he would get left out of company communications [policy changes] and the list goes on their penchant for cutting corners and demeaning temporary staff, but whenever there was a rush job behind schedule my husband would be called out. And would resolve. Thanks to forty years of printing experience. One habit that drove me completely nuts: no salary slip ... at time of pay. Always weeks later or not at all, unless he tracked it down with management. Husband ran his own system at home to calculate any overtime expected in pay period etc. Then if a discrepancy existed, it would be weeks before it got sorted or, instead of sleeping, he'd go back to work during the day to talk face-to-face. In early Summer letters were sent out about redundancy and the firm struggling. They made his role redundant in August with c£5K and his last day was 25 September 2017. [As devastating as this was, we were relieved: he was not in the position of two of his colleagues who were told the company would never make them redundant as it could not afford their payout after 25yrs!] Final salary was late and caused the usual mayhem - mortgage failed. Days went by and his payout did not turn up until a call to the 'lady who does salaries'. To this day, his final salary slip and P45 have not arrived. An email from me two days ago remains unanswered. It made me sit and catalogue all he has put up with in order to meet his part of our financial responsibilities [while I run a micro-business to assist us and our teenage son]. Made me so . [being older he has struggled to find replacement posts online or locally and I can see a very black hole opening up before us. We have finally got him to apply for JA but unsure what assistance, if any, is available. Worried but resilient.] Can anyone in the community advise me on how to tackle his employers, please? Actually we could do with all sorts of directional arrows but one thing at a time. Sincere thanks in advance to those who care.
  11. Hi All, Again posting on behalf of a family member, I will give you a break down of facts and what has happened to try and stick to the point. Partners Sister was employed by a Railway Museum 4 years ago as a curator She has asperger's syndrome so can be difficult in some social situations Within the 3rd year she though everyone had a problem with her (how true this was we don't know.) Within the 3rd year there was a problem with one volunteer that had overstepped his duties (cleaned her office without permission) that caused everything to flair up and he was asked to leave. Things then broke down at work and she was put on sick leave with pay being diagnosed with depression, this was for about 3-4 Months. In the meantime meetings had been held with her present asking for her to come back on reduced duties and less working hours (two eight hour days a week from 40 flexable hours over 7 days,) all this was agreed and was in place for about 2 months. She didn't always go in when she was asked and called in sick saying she couldn't deal with the public (but then would go to steam punk events with friends.) After some time she was bought into a meeting to discuss what had been going on and it turns out they have made her redundent as they are phasing out her job role. She has been given a week to decide if she will accept what they have offered her (3 months of full pay approx £5k) or does she want it to go to a tribunal. About two years ago they had another worker that was in a similar boat, she was off sick all the time due to mental illness and they ended up firing her and it went to a tribunal as they did it all wrong and paid her off in the region of £40k, so I now assume they have done everything correctly and above board, but her Dad is trying to find if they have done anything wrong that they can try and use in a tribunal. Looking at ACAS it looks like they have acted correctly, fairly and legally but he doesn't want to just take their websites word for it and has asked me to put this post up. So with the above information do you think she has a case for unfair dismissal etc or is there anything she should do / ask from her employer ? Sorry if something doesn't sound right etc as it's being relayed from her Dad to me at the moment if there is anything you need me to ask her directly I am seeing her Sunday for her Birthday. Thanks in advance
  12. Hi I think my employer is trying to force a redundancy. After several promotions and promises of additional resources which were never forthcoming, a few months back they announced a part of my job had changed. More recently they announced in a meeting where there were others present that someone else was coming in to take over another part of my job and report to someone else and that I should hand over to them. I also know that further changes are afoot. I didn't agree to these changes so have to do something. A redundancy situation couldn't be fair as the work has not diminished? It has increased. The thing is that they've done this with others. I don't want to go the grievance route but I feel I have no option? I always think of grievances as the relationship breaker but having said that the relationship appears to be broken anyway? I know I have to act soon but any guidance on where I stand would be greatly appreciated. Their behaviour to me on a daily basis is both hostile and distant and the stress over the last few months has been enormous. Thank you
  13. Hello I was put at risk of redundancy , the letter said they would consider volunteers but no guarantee, was intending to leave later in the year i volunteered . had a one to one with the director and said i was interested , have worked there for over 10 years so the payout was considerable and would help with my new venture . The request was refused. There are 2 positions and 4 people , have un offically been told one of the roles is mine even though i said dont want it, was un offically told they want me to take the job as if i dont they will be forced to give it to one of the people they want to get rid of . have a very good relationship with the director who said if i stay until all the dust settles he will try let me leave before the 3 months notice is up maybe 2-3 weeks early but this wont help me much . The whole thing stinks tbh why offer someone a job who has told you they're intending to leave , also i will have to put in my notice during the 45 day redundancy consultancy period and not sure how that would work . i have not spoken to HR yet as this will cause issues but im seriously considering going to Hr . Need some advice please asap . Thanks
  14. I am currently off work through depression. I have been off for nearly 3 weeks and my current fit note takes me up to next Monday. This condition has been with me for years although this is the first time I have taken any time off. I have been in my current job nearly 3 years and disclosed the condition at my pre-employment medical. Although not having any lost time directly with depression I have had 9 days off with a back injury and another 3.5 due to migraines. I have had a lot to cope with over the past 2 years, 3 family bereavements (inc both my parents), 2 terrible house moves and I have had the threat of redundancy hanging over me. We have had 2 rounds of redundancies at work and no guarantee there won't be any more. We also came perilously close to having our house flooded in January. All the stress came to a head 3 weeks ago. I knew something was going to give and spoke to my boss about going home sick. A few weeks ago I had been spoken to by HR re my attendance following the days off mentioned above. He suggested that taking more time off would lead to problems for me. Against my better judgement I went back to work. In a few occasions over the recent past when I have felt bad and wanted to take a few sick days he has talked my into taking these as leave days instead. Unfortunately I lost my temper a couple of times the day before I went off sick and threw a few things around apparently scaring a couple of colleagues. Totally unacceptable I know, but I just could not help it. The following morning I felt awful but against my wife's advise went in. I went on to have a bad episode and walked out. I know that if I was allowed to go off on the Wednesday nothing like this would have happened. I was of course totally stressed thinking I had effectively walked out but after my wife called the boss to tell him how I was told that wasn't an issue. My worry now is that assuming I go back at the end of this fit note I will have accumulated 29 sick days in the past year. Not sure of the trigger point for disciplinary action but certain I will have passed that. Bearing in mind my health and the company's need to cut a huge amount from the costs and assuming they don't just start the process of ultimately dismissing me would it be worth my while asking for a redundancy package or settlement package if I were to go voluntarily? I do feel that a few months off and perhaps going to a part time role after that would be beneficial to me in the long run, our finances are fine and we can survive on my wife salary anyway so no great stress there.
  15. Afternoon everyone, Just a question really as follows: I was made redundant 31/07/2015 and followed all the correct procedures. Went to employment tribunal and won my case, which was not contested. Recieved my judgement order on 18/03/2016, which has not been settled. I found out that my previous employer has since closed the business and as of yet not legally gone bankrupt, called in an insolvency practioner nor liquidated the company. I applied to the insolvency service which is going through now and I received a letter saying that they will pay the redundancy as per employment judgement order and then go after my former employer for the monies. I was awarded the judgement for redundancy along with a calculation date of 8% simple interest payable on a day to day basis starting 01/04/2016. So my question is will I get the interest that has occurred or just the statutory redundancy payment. Many thanks in advance
  16. This is more for my own information as we may be in a simliar position soon but I was pass any useful infirmation on. The company I used to work for are currently looking to make staff cuts. They have put all staff under threat of redundancy. A Number of positions are being cut with the remaining ones having changes made to their title, terms etc. and staff invited to apply for these positions. One individual requested and applied for voluntary redundancy or early retirement. This was refused. He has then decided not apply for any of the postions. The company in response to this have told him that he HAS to apply for his position. This is a specialised trade. I believe that he has even been offered a contract and told that if he has any questions to speak to a solictor. Surely this cannot be right. If the position is not under threat he should never have been put at risk. It is the general consensus that this is just an excuse to rape their wages with many beig offered their old positions with a 10% pay cut, all be it with a slightly modified job title. What is the position of having to apply for your / a position in these circumstances, are their nay applicable laws rules etc ? What is or could be the consequence of failing to apply, could this, as they have suggested, be taken as a resignation ? As my current employer may be looking to make some staff cuts in the future too, I am quite interested in the reponses.
  17. I currently work as a Deputy Manager (one of 300) for one of the big four supermarkets, and they have recently announced a new contract change that comes into force on Monday 18th April. In effect we are being demoted to a lesser position, that being of a duty manager. They argue that our job role is not really changing as we will still be doing the same job we have always done and they will not be reducing our pay. However it is a HUGE drop in status as our current contract states we are 'autonomous decisions makers' which classes us as senior business leaders and opts us out of working time regulations. On our new contract we are not classed as this and we are therefore opted in to working time regulations. In addition we also recieve free fuel and a car allowance which will also be taken off us although they have given us over a years notice before they take this away. However this is in our current contract that this can be removed at any time so do not think that we can argue the point much there. The main issue is as Deputy Store Manager you are above all the other senior managers in the shop and now will be dropping to the same level as them so surely this counts as a drop in status, even though my salary will not be affected. It also effectively puts my career back 10 years as I was doing that job 10 years ago! There have been various 1-2-1 meetings held with the outcome already decided, however I asked questions weeks ago which have still not been answered and I also have not got a copy of my new contract as yet. From what I have read online if i work on Monday then I am effectively accepting the new contract and will have no means to put a claim in, in the future. Do I have a case for constructive dismissal?? Please help!! Thanks in advance
  18. My employer recently (four months ago) ran a day (8am - 5.30pm) and night shift (5.30pm - 4am). They gave notice to end the night shift, offered the night shift employees options of jobs on the day shift or redundancy. My employer is now discussing whether to change our current day shift to a double day shift of 6am - 2pm/2pm - 10pm. Will they have to offer us redundancy if some of us cannot work this new shift for family/childcare reasons?
  19. Hi all. Please can I ask have the redundancy pay rules been changed lately? A friend told me today that there is now a maximum of 12 weeks redundancy pay? Apologies if this is a sily question.
  20. Evening all, I was in a bad motorcycle acccident in April 2015, this kept my off my work, an oil Rig Worker offshore in Scotland/Aberdeen, due to mulitple broken bones etc. Come July my GP suggested i could return to work on an ammended duties note, basically so i could work in my employers yard doing 'light duties' untill i was fit to return offshore. My healing didnt go to plan, and after many visits to hospital and x-rays, the consultant doctor opted i would need more surgery. This lead to me being sign off unfit to work again in September. I had surgery in November, and remained absent from work until March 2016. During this time, in January 2016, my employer decided to start redundancies, paying off 30 guys. I was put at risk, even though i was still signed off, the process went into full swing, but near end of the period, i was informed un-offically that i was exempt to the redundancies process due to my ill health. Near the end of Febuary, literaly a few days after finding out my job was safe on the 26th of Feb, I was visiting my GP to get a new sick note. Once again my GP suggests returning to work on the 'ammended duties' Fit note starting March the 1st 2016! I agreed to this, as i would have lots of computer based competancy and safety courses that would of expired. Then as i am preparing for my return to work, spoke to my line manager and informed i would return Monday 29th Feb, my employer announces more redundancies. So once again i get the at risk letter. 43 people in total to go, 5 from my department of 38 people. So i am at work for the few weeks into March, on this 'ammended duties' Fit note from my GP, and i am informed that i am one of the 5 to be made redundant. The selection criteria my employer used is based partly on skills and reporting, also compliance to there safety and competancy computer based training certificates. The periods they looked at these is the whole of 2015 and Jan, Feb of 2016. So they cant possibly score me fairly on this selection criteria as i have not perfomed my usual job for a year due to ill health. I have not yet seen how they scored me, but my manager told me that they have tryed to score me fairly based on some averages. No idea yet what averages, but to me it seems like they have just fabricated a score for myself. Bearing in mind i am still not fit to return to my usualy job, i have follow up appointments in April to see my health, but i am in high spirits this would be a good visit. So am i being treated unfairly? Is my employer allowed to use this skills/reporting/compentancy matrix to get rid of me? Also not once during my return in July 2015, or March 2016 on the ammended duties note, did my employer send me to any occupational health assements, or review my working enviroment to make sure it was suitible. What would you do in my situation? What do i do about this? Any help, advice or similar stories would be greatly appriecated. Thanks Bob
  21. I work in a small office. I'm the only part time employee. Due to my chronic fatigue syndrome and other illnesses I work one day a week. That was the deal with the employee before me due to her family comitments. Additionally I cover holiday and sometimes sickness. I was of the opinion that this was by mutual agreement, when it suited me and them and that I could say "no" Apparently not. A few months ago, I was ill and received a call asking me to go in, I said no as I was ill. My boss was very abrupt and I heard later that she'd been angry that I hadn't. My job was to cover sick leave. I get sick too, that's why I'm doing this job that pays the bills if I'm very lucky. This week, I've covered for her being away longer than her agreed holiday. There are family reasons why she had to be away, I understand them, but I've been working through a chest infection and she has never asked me if it was OK for me to come in, just left a message with a colleague that she was off until further notice. She hasn't informed anyone of her plans. I've understood that she's been away longer, these things happen, but she assumes I'll cover for her. There's a reason that I work part time. I have to pace myself and I can't work beyond the point where I've agreed to stop. Anyway, I think next week she's going to demandthat I cover when ordered. I can't and won't live like this. Basically if this is the case my time is theirs even if not paid. If my phone rings, I have to go in. That cannot be right? I know it's hearsay so far but I want to prepare myself so I can stand up for my rights. I have rarely refused to cover, been really flexible. My contract says "Stand by cover will be necessary from time to time" Surely I must have some say in when and can't be made to suffer for not going in when ordered. I hope this makes some kind of sense. I understand a lot of this is what I've heard from others, but if she does make demands directly, I'd like tobe prepared.
  22. The company I work for last Friday informed us five staff from our office were under threat of redundancy. Two production staff and three designers. We were then informed at the start of our 2 week period, that the two prod staff were gone and only two designers were needed. I offered voluntary redundancy straight away which I have only found out today nine days later was refused through an email from our Northern HR, the decision has come from London HR who we have not spoken to or seen. We have been informed our interview is tomorrow (we received a letter today), this will be held by two staff one is our manager who has never used a mac, the other is an IT manager who knows nothing about design or publishing. Why would they do this when they have many more qualified personnel to take the interview in our London office - sorry but just dont trust them?
  23. Hi guys, happy new year to you all! I hope someone could give some advice/their point of view on a situation that has arisen with a previous employer and staff member of my previous employer. Around July last year I started working for a new employer, following on with a career path in IT repair which I had worked in for three years previous. I successfully passed my probationary period of three months and subsequently was given a full-time contract. After reading through the contract, it became apparent that my job title was incorrect or was not for the position I applied for. So I had a word with my manager and explained the situation, only to be told that it was a generic contract, that all employees were given the same role and that because my duties were the same regardless, it didn't matter. I explained to my manager that the reason I had taken the position was for career progression and from a potential new employers perspective, my official job title would have made a significant impact in any potential new positions that I apply for in the future. I made it clear that I was in no way implying I was looking for work elsewhere, but that should I apply for a new position in future, I would either have to lie on a job application/CV to get any chance of getting an interview or use their proposed job title and risk not getting any second look for interview stage. My manager then proceeded to tell me that "I can change it for you, but what you will have to realise is that should business take a turn for the worse in the future, we would look at making ~surplus~ staff members redundant first." I was adamant with him yet polite, and said that I would appreciate him for having this amended and reissued so I could sign and return to him. An hour later, my new contract was emailed through to me with the correct job title showing. Nothing more was mentioned regarding redundancies and the business seemed to be doing reasonably well and was busy as always. Two-three weeks later as I was leaving work, the sales rep they had working for them asks me to wait for two minutes as the manager in question needed to speak to me but was on the phone. A couple of minutes later my manager walks into the canteen where I was waiting and hands me a letter of redundancy explaining that they had thought about any way around this decision but could not find an alternative. I collected my belongings and left not saying a word. After getting home and reading through the letter, they had stated that I was only getting paid up until the day I had worked (i.e. no notice payment in lieu) and also that I would have a couple of days holiday pay taken from my final wage (which was accountable for.) I contacted my manager and also the HR secretary to ask them to confirm the details of the letter and explaining why I wasn't receiving and notice pay. Within a few hours the HR secretary contacted me back apologising for the mistake and confirming that I would receive one week's pay in lieu of notice and also they would waiver the two days holiday pay they were going to deduct. I have quickly found another position, and am now one month before the end of my probationary period. A couple of days ago I was out shopping at B&Q. I had just parked and was locking my car when I spotted my ex-manager in the car park a few vehicles away from me. So I approached him to ask him how he was and wish him a happy new year, only for him to square up to me two inches from my face asking if I had a problem with him or wanted to say something to him. A little taken aback, I said I had no idea what he was talking about. He then continued ranting on about a joke meme I had shared on Facebook mid-November regarding vegans. I asked him if he was serious, and before walking away to meet his missus and child, points to me and says "you better watch what you say you." I have since sent him a polite message on Facebook, saying that I didn't appreciate being spoke to or threatened in the way that he did, that I have contacted the store who say they possibly have CCTV of the incident should I wish to report him to the Police and apologising if the post I shared offended him. I have had no reply from him, no apology and he has now blocked me on Facebook. I'd just like to hear other people's spin on this. In this situation would you take action and report him to the Police and/or his employer? Would it also raise question as to the validity of the reasoning behind my redundancy with the company? Any ideas/suggestions would be greatly appreciated. Thanks
  24. OH works in a team of 5. They have been through the consultation period and were told 1 had to go and all were offered voluntary but no-one took it. A similar vacancy in another part of the company was offered. OH asked about it and was told go for an informal interview which he did. They told him to start next week great he said and was told that due to him taking up new employment everyone's job was safe. He has now been told that when he starts he has a 4 week trial period. We have checked this up and this is the norm apparently. He has been told that if the redeployment is unsuccessful they will dismiss him with the redundancy he should receive. He now believes that this is unfair as he felt by changing to another part of the company he had not only saved his own job but also the other 4. He feels very let down and now wishes he stayed and hoped that the redundancy was not him. I feel that the company are being unfair as he has done the same job for the last 8 years but because the new manager doesn't know is trialling him out. I feel that after the trial period if he is unsuccessful he should go back into the pot of selection for redundancy. All terms and conditions and salary remain the same in the new position. What do people think. It has been an up and down rollercoaster for the last 4 weeks. The best thing about all this is that they were only told officially 4 weeks ago that 1 had to go by the end of this month. They had heard chinese wispers but nothing official until 4 weeks ago.
  25. Hi, I wonder If someone can give some advice. My friends daughter had her baby a month ago and is on maternity leave. She has worked for her employer for over 6 years. Last week she received in the post a letter from the employer to say they are making her redundant. Are they allowed to do this ?? It is a major company and I'm not sure where she stands with the situation. Thanks in advance for any advice
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