Withholding Redundancy payment / deduction from redundancy

[bridgykoi]

Hi All

 

One of my family members is currently experiencing some employment issues and hope someone could give us advice on the following and some guidance on how to deal with the issue.

 

While there have many issues leading up to the point of redundancy i will try and keep with the current issue.

 

He has been off sick for several weeks since Early October with stress and palpitations brought on mainly by his employment problems, specifically being informed by the company of the risk of redundancy and him having to apply for the only position available to keep is job as well as the owners son applying for the position.(which he thought was a no Win).

 

He was given notice of his redundancy and was given a date of 17th Nov 2014, with the date passing he was expecting his redundancy Friday 21st Nov which is when the usual pay date is.

 

He contacted the owner today to ask when he would be receiving his payment only to be told that the owner was busy and that he would contact him later.

 

The owner made contact a little later via email.

 

The owner alleges to have sent him a letter dated the 4th November stating that he had to remove some items that have been stored there for several months (owners consent)Apparently this is causing an environmental issue, and in the event that this was not removed in a certain time frame, he would arrange the items to be removed at the cost of nearly £500 and that this cost would be deducted from his redundancy payment.

 

Please keep in mind that the owner has kept in contact throughout the consultation period and sickness period via either email or recorded letter.

 

The owner hasn't got rid of any of the items and given him until next week to remove these items and stipulated he needs to remove these items and inform him of the time and who is collecting the items, so basically he is withholding his redundancy payment until this is done.

 

To say the owner is being awkward is a understatement to everything that has happened with him recently.

 

Your thoughts and advice on this matter would be greatly appreciated.

 

Thanks in advance.

 

Bridgykoi.

[Emmzzi]

Is there any reason you can't just collect the stuff and bring this matter to an end? I tend to be a fan of pragmatism vs letter of the law!

[Sidewinder]

Is there any reason you can't just collect the stuff and bring this matter to an end? I tend to be a fan of pragmatism vs letter of the law!

 

I agree. Redundancy payments are not classed as 'wages' so this would not be an unlawful deduction. Your relative would have to take advice and then sue in the County Court. It would be far quicker and less confrontational to simply move the property and then wait for the redundancy payment?

[bridgykoi]

Is there any reason you can't just collect the stuff and bring this matter to an end? I tend to be a fan of pragmatism vs letter of the law!

 

I'm also a fan emmzzi / sidewinder, but unfortunately he has taken us to a point of the letter of law due to this and all of his is other antics.

 

Even though my relative agreed to remove the items on one the days he has requested him to, he has now sent correspondence back to him, which is threatening violence, due to this, the police are now having to attend to ensure his safety.

 

He has informed the owner of the company of the police attending and his response to the the email is some what of a concern to both of my family member and the police.

 

All he wants is what he is entitled to, and it to be sorted amicably, he has been in contact with ACAS and they are advising him that the owner is unlawfully with holding his redundancy and no deductions can be made out of his redundancy payment in respect the owners cost for removing these items, and that's if he had to ,they also said that he should have been paid in lieu of notice, in which he hasn't.

 

It is far from easy, he is on the verge of a breakdown and even receiving counselling, no company however big should be allowed to treat people this way.

 

He's collecting the items tomorrow so hopefully it can be all over with, but something tells me its far from over.

[Emmzzi]

ACAS advice is sometimes rong. Think of them as a big call centre. Ask a lawyer.

 

So he is tending with the police t get his stuff. Fab. everything can move on after that. Nice straigtforward court claim if the cash is not forthcoming.