Redundancy pay problems

[Emmzzi]

I don't think the law states that. Is your normal payday the last day of the month?

[Emmzzi]

Froam CAB website

 

http://www.adviceguide.org.uk/england/work_e/work_work_comes_to_an_end_e/work_redundancy_e/redundancy_pay.htm#h_how_should_a_statutory_redundancy_payment_be_made

 

"Your employer is responsible for making a statutory redundancy payment to you on, or soon after, the date your employment ends."

 

can you share where you got the other information from? Genuinely interested as it is the first time I have heard of this.

[Emmzzi]

If he is paying you, then you should be at his disposal should he wish you to come in and work, technically. I think probably you've both been lax on the paperwork however and there'll be nothing in writing?

 

For a new job before the period expires usually you offer counter notice and get paid less.

[Emmzzi]

It's not 100% clear cut as while it says you are not expected to work neither does it say you may or may not work elsewhere. Balance of probability I'd say you should be paid.

 

So write a letter of query but don't go quoting rights and legalities which aren't clear cut.

[Emmzzi]

you debate if the possible reward is worth the small claims court costs when weighing up the risk of losing.

[Emmzzi]

it can but that's more expensive than using eg moneyclaimonline, so I am not sure why you would

[Emmzzi]

court fees here. for initial cost of £25 I'd say worth a punt

 

https://www.gov.uk/make-court-claim-for-money/court-fees

[Emmzzi]

write another letter headed "letter before action", setting out what you believe the position to be.

 

Give him a week to reply, then lodge your claim at money claim online.

[Emmzzi]

how long did you work there again?

 

https://www.gov.uk/redundant-your-rights/notice-periods

[Emmzzi]

Was just checking if you had a secondary point to back you up due to length of service.

 

I think a judge needs to decide, but your odds look reasonable to me.

[Emmzzi]

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/pd_pre-action_conduct

 

ANNEX A

 

Guidance on pre-action procedure where no pre-action protocol or other formal pre-action procedure applies

 

1. General

 

1.1 This Annex sets out detailed guidance on a pre-action procedure that is likely to satisfy the court in most circumstances where no pre-action protocol or other formal pre-action procedure applies. It is intended as a guide for parties, particularly those without legal representation, in straightforward claims that are likely to be disputed. It is not intended to apply to debt claims where it is not disputed that the money is owed and where the claimant follows a statutory or other formal pre-action procedure.

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2. Claimant’s letter before claim

 

2.1 The claimant’s letter should give concise details about the matter. This should enable the defendant to understand and investigate the issues without needing to request further information. The letter should include –

(1) the claimant’s full name and address;

(2) the basis on which the claim is made (i.e. why the claimant says the defendant is liable);

(3) a clear summary of the facts on which the claim is based;

(4) what the claimant wants from the defendant; and

 

(5) if financial loss is claimed, an explanation of how the amount has been calculated.

2.2 The letter should also –

(1) list the essential documents on which the claimant intends to rely;

(2) set out the form of ADR (if any) that the claimant considers the most suitable and invite the defendant to agree to this;

(3) state the date by which the claimant considers it reasonable for a full response to be provided by the defendant; and

(4) identify and ask for copies of any relevant documents not in the claimant's possession and which the claimant wishes to see.

2.3 Unless the defendant is known to be legally represented the letter should –

(1) refer the defendant to this Practice Direction and in particular draw attention to paragraph 4 concerning the court's powers to impose sanctions for failure to comply with the Practice Direction; and

(2) inform the defendant that ignoring the letter before claim may lead to the claimant starting proceedings and may increase the defendant's liability for costs.