Another redundancy question!

[caledfwlch]

Hello,

 

The latest in my long line of questions.

 

I was made redundant over a week ago. I received my termination letter, and the info on what notice pay I am entitled to (no redundancy pay not been there long enough)

 

The head of HR has telephoned today and asked me to pop in to another site of theirs on monday with regards a potential job. She is unsure if whether taking this would effect my notice pay from my previous employment.

 

As far as I am concerned I have been terminated with immediate effect since the 28th of May.

 

The new position is at a different site, will be a different role, and on a different shift and with different pay.

 

My major concern is finding money to eat and get buses past this coming friday if this position does get offered to me.

 

What would be my position? I have had a week of no work and this new job probably would not start for another week - would they be obliged to pay me for the gap? or should I recieve my notice pay, and be started "from scratch"?

 

In my opinion as I say I was terminated with immediate effect, I have had a letter to this end, I have not worked for 7 working days, and have already put in a jobseekers allowance and housing benefits claim.

 

I don't want to be greedy but if I am still owed it, I want it!

Edited June 5, 2009 by caledfwlch

[caledfwlch]

Does anyone have any info?

[Surfer01]

Jobcentre will help with travelling costs for first month.

[caledfwlch]

Jobcentre will help with travelling costs for first month.

 

Not if you havent lost your job which is what this situation would be. And not unless you are signing on and even then only if you are on income based JSA, AND on it for 6 months. I am awaiting my first interview with them on tuesday.

 

I mainly need to know if they can cancel my redundancy and pay in lieu of notice and claim this is an alternate position, even though I was terminated on the 28th of May with immediate effect, I have had a letter to that same effect, and have already put in a claim for JSA and housing benefit (so have they made me commit benefit fraud?)

 

Everything I have read on the internet says that an alternate position could only be offered before the redundancy. And I would have thought a vacancy coming up a day after being terminated with immediate effect never mind a full week after termination wouldnt invalidate that? As I understand it, they would also actually have to pay me my full wage I was earning on nights, including the 37% shift allowance which could be considered my regular weekly pay since an alternate job would need to be of similar pay/hours etc.

 

Does anyone have any idea of these issues? They were a truly, truly dreadful company to work for, working for them was making me ill with stress, and considering the picture of the company and its future they painted when making me redundant there is be NO guarantee I wouldnt be made redundant again in a few weeks. And frankly, given how poor sales were, how little work there was, and the fact they have made loads of admins, FLT drivers and sales staff redundant to the tune of about 200 people since Xmas, I am amazed the american head office is allowing them to recruit at all.

 

If I was guaranteed to recieve my notice pay and be started in effect as a new starter, then I would put up with them, at this seperate location untill something from a better company pops up. But I am worried now that if I turned the job down (and there are elements to it, that I am unsure I would be able to perform) then would they simply cancel my notice pay anyway, say I was offered alternate work and refused, and cost me jobseekers as well? Even though I was terminated with imediate effect 9 days ago?

 

Another important question is, if they legally can overturn my termination, who exactly pays for the weeks pay I have already lost being off work, and the likely next 1 -3 weeks I wont be paid for.

Edited June 6, 2009 by caledfwlch

[caledfwlch]

I am going in this morning, so can anyone help quickly. I shall try and present the info without my usual confusing waffle.

 

Made redundant on 28th May.

 

Letter received 29th May confirming redundancy/Stating that my employment has been terminated with immediate effect, and they would pay me 4 weeks pay in lieu of notice.

 

No qualification for redundancy payment due to only 9 months service

 

In the meantime I have put in JSA/housing benefit claims.

 

Contacted by former employers HR on Friday afternoon (5th June)

asked to go in as they have a vacancy becoming available

 

Asked if this would effect notice pay, HR said not sure, would look into it.

 

So, because a week after my immediate terminationthey have discovered they actually have an admin vacancy, can they overturn my termination, and cancel my notice pay? If I turned the job down (I have potential issues with some of the duties and the working hours)

 

HR on the phone seemed to think that as it was "only a week" since they basically sacked me that they could possibly overturn it all.

 

If they put me in this position, do I understand it right that if they managed to pass it off as alternate employment to avoid redundancy a week after terminating me, that they would have to pay me near as possible to my old wage, including the night shift allowance I received? (the new position is days, and actually quite long - 9 hour shifts including 30 mins lunch)

 

From my interweb researches, If i understand it right, the PILON is basically because they committed a breach of contract by immediately terminating my employment without 4 weeks notice/allowing me to work that 4 weeks. So the pilon is in effect compensation for that. So the breach has still happened - I was terminated and not worked for over a week.

 

Its nice to be offered something quick - and they clearly were telling the truth when they said there were no issues about my performance at all, my selection for redundancy was purely due to projected work available . Plus given the state of the company and future sales figures that was potrayed during my termination meeting, I have no guarantee they would not make me redundant again in a few weeks, and am slightly suprised they are allowed to recruit by the MD.

 

If I still get my notice pay from previous job I will take it. But otherwise I cannot afford to loose 3 weeks pay, I certainly would be unable to survive past this friday, and Mrs C would loose her job since there would be no funds to get her to work either. Its caught between a rock and a hard place !

[andydd]

I am going in this morning, so can anyone help quickly. I shall try and present the info without my usual confusing waffle.

 

Made redundant on 28th May.

 

Letter received 29th May confirming redundancy/Stating that my employment has been terminated with immediate effect, and they would pay me 4 weeks pay in lieu of notice.

 

No qualification for redundancy payment due to only 9 months service

 

In the meantime I have put in JSA/housing benefit claims.

 

Contacted by former employers HR on Friday afternoon (5th June)

asked to go in as they have a vacancy becoming available

 

Asked if this would effect notice pay, HR said not sure, would look into it.

 

So, because a week after my immediate terminationthey have discovered they actually have an admin vacancy, can they overturn my termination, and cancel my notice pay? If I turned the job down (I have potential issues with some of the duties and the working hours)

 

HR on the phone seemed to think that as it was "only a week" since they basically sacked me that they could possibly overturn it all.

 

If they put me in this position, do I understand it right that if they managed to pass it off as alternate employment to avoid redundancy a week after terminating me, that they would have to pay me near as possible to my old wage, including the night shift allowance I received? (the new position is days, and actually quite long - 9 hour shifts including 30 mins lunch)

 

From my interweb researches, If i understand it right, the PILON is basically because they committed a breach of contract by immediately terminating my employment without 4 weeks notice/allowing me to work that 4 weeks. So the pilon is in effect compensation for that. So the breach has still happened - I was terminated and not worked for over a week.

 

Its nice to be offered something quick - and they clearly were telling the truth when they said there were no issues about my performance at all, my selection for redundancy was purely due to projected work available . Plus given the state of the company and future sales figures that was potrayed during my termination meeting, I have no guarantee they would not make me redundant again in a few weeks, and am slightly suprised they are allowed to recruit by the MD.

 

If I still get my notice pay from previous job I will take it. But otherwise I cannot afford to loose 3 weeks pay, I certainly would be unable to survive past this friday, and Mrs C would loose her job since there would be no funds to get her to work either. Its caught between a rock and a hard place !

 

Hi..No expert but I would of thought that termination was final and that you are now officially unemployed, if there is another post then this would count as a completly new job.

 

I would of thought you could almost ignore them and carry on with thre jsa signing on process BUT the important thing would be to ensure you get your p45 and any money owing.

[caledfwlch]

Hi..No expert but I would of thought that termination was final and that you are now officially unemployed, if there is another post then this would count as a completly new job.

 

I would of thought you could almost ignore them and carry on with thre jsa signing on process BUT the important thing would be to ensure you get your p45 and any money owing.

 

I will risk working for them again, but need that Notice pay or I am stuffed financially. I just want to know my facts for sure before I start mentioning things.