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I have a question regarding retainers and how it affects the length of service for calculating redundancy pay.

 

I was employed originally on a retainer and commission only salary for 3 years and 2 years 2 months ago was employed full time at which point the retainer and commission wage stopped and I went on a monthly salary.

 

Would my employment have started when I was first paid a retaining fee or would it be at the point where I was given a salary?

 

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"Retainer" is not really a standardised employment term; it can mean a few different things! Can you please tell us how your contract described it?

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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That is where things get tricky. I was never given a contract (none for when I was working on commission only and none when I was taken on salaried despite me constantly asking for one). I was paid £433 a month (just under the maximum where I would not have to pay any tax or NI) as the retainer then they were taking the full tax and NI off of my commissions. I had no other employment

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Well, them taking off the tax suggests employment... not a 100% guarantee mind you.

 

Have you had a redudancy quote from them yet?

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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No not yet but knowing the way they work they will be working on the 2 years figure. I have heard through another member of staff that redundancy is being considered so just trying to find out where I stand before it all kicks off

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There's usual;ly time between getting the number and actually leaving so don't panic... we'll be around for advice when you get the letter. Assume you will be working off the worst case scenario as you may need to take legal action for the balance...

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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