Redundancy pay problems

[woad]

Do you have the original notice of redundancy you were sent, and do you have your T&C's of employment - these should state whether you are expected to work after being given notice of redundancy, or whether the company will pay you in lieu of notice. Your original post suggests that they would pay you in lieu of notice; in other words, rather than tell you that you will be redundant in 30 days time and expect you to continue to work until your last day, they will make you redundant now, and pay you for 30 days.

 

Your T&Cs should state when and how you will be paid, and, iirc, if they state that you will be paid on the 20th of each month by BACS, then (iirc) you can reasonably expect to be paid your redundancy money according to that payment cycle.

[woad]

You posted as I was composing a reply. Your letter shows that he company did not expect you to attend notice, and were effectively paying you in lieu.

 

Write back refering them to their own letter. State what has been paid to you, what you have calculated is still outstanding, and when you expect it to be paid by and how.

[woad]

As I understand it, unless your terms of employment expressly forbid one from working elsewhere, then one is perfectly free to find and undertake other work. No employee can be reasonably expected to sit at home and do nothing whilst on 'gardening leave' when made redundant.

[woad]

"Your Ref:

My Ref:

To

 

Date

 

I am writing to formally request the outstanding monies owed to me following termination of my employment; £xxx

 

To date, I have received £xxx, which reflects payment only to January 13th 2014 and one days' holiday.

 

I draw your attention to your letter of , giving my notice of my redundancy, which stated that I would be:

* paid until the 20th January 2014 in lieu of notice

* be paid pro-rata in lieu of outstanding holiday entitlement - x days at £xx/day

* would not be expected to attend my place of employment during my notice period and was free to seek alternative employment

 

These terms were verbally confirmed by you during our conversation on

 

I calculate that the sum outstanding is £xxx, comprising one weeks salay (£xxx) and one day's holiday entitlement (£xx)

 

Please make arrangements to have my outstanding remuneration paid via BACS transfer or by company cheque.

 

On a personal note, I thank-you again for the experience I gained whilst in your employment, and I wish xyz company the very best going forwards

 

Yours faithfully

 

"

[woad]

Just do not mention court at this stage. Your aim is to resolve this amicably; after all, you may need a reference from this employer in future. Secondly, by adopting a reasonable, polite, but firm attitude, you can demonstrate that we're reasonable from the outset should this lead to a dispute.

[woad]

You need to raise a Notice of Grievance, referring to their letter that as you were made redundant you have the right to seek employment during your notice period, and they confirmed in writing that you were not expected to work during your notice period and therefore were free to seek and start a new role, and this was verbally confirmed by the managing director (or whatever his position is). A key point here may depend on the exact wording of their response; if they have not denied your point that the MD verbally confirmed you could start work elsewhere, then it is taken as read that they acknowledge he did indeed do so. (This is why when responding to any allegation of misconduct, for example, it is essential to challenge every point; unchallenged points are taken that the employee accepts them). If they later try to deny it, you have at least two pieces of correspondence where it went unchallenged.

 

Why do you need to do this? You may be able to raise a case of Wrongful Dismissal via an employment tribunal, but to do this you must be able to demonstrate that you followed the company's complaints system and gave them every opportunity to resolve the issue. I am not a lawyer, but I would imagine the same holds for the small claims court.

 

Their response was very quick - too quick to have been dealt with by mail... did you post a letter or use email? I suggest using a written letter, as it completely avoids any suggestion of an "unauthorised member of staff", "my PA", "you forged it" etc. Also, its easy to get proof of posting. And most magistrates are more familiar with letters rather than email! Heck, I know of one who was unconvinced that fax's were a valid form of communication, 15 years after they were accepted as such!

[woad]

Did he state the alternative? There is no alternative other than to pay you 4 weeks salary in advance and dismiss you with immediate effect, or to ask that you continue to work AND grant paid time off to seek alternative employment. He HAD to give you 4 weeks notice.

 

Now, as stated, I am not a lawyer, but imho this is certainly worth considering taking further. At least a freebie 30min initial consultation with a specialist employment solicitor, or CAB. I'd be spitting blood. BUT, I have to add, you may feel it is not worth the hassle for the £300 you are owed.