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Made redundant without notice. No holiday pay, no notice pay, no redundancy pay.

(80 Posts)
Charlieandthechocolatecake Mon 13-Jul-20 22:25:35

I have made a previous thread about this.

www.mumsnet.com/Talk/am_i_being_unreasonable/3949848-Employer-closed-at-shutdown-and-reopened-at-a-different-location

I received some brilliant advice.

I'm now at the stage where I have passed on my mum's previous employer info as well as a breakdown of what we believe she is entitled to.

The nutshell is in the title. I was advised to seek advice from CAB but it's impossible to get hold of anybody sonar this stage we've asked for what's in the title.

That said, mum has never had a contract or payslips throughout her employment. She has paid tax and NI and has P60s as well as a P45.

My AIBU is, am I being unreasonable to think that if mum can't provide absolute proof of what she's owed, if it gets to the employment tribunal stage, she won't have a leg to stand on?

Without payslips or a contract, she can't prove she hasn't been paid annual leave. All she has is 100's of texts between her and her employer.

Ines feeling confident until I read that if it goes to an employment tribunal, mum might have to bear the costs if she loses.

I'm not sure whether we should nip it in the bud or not?

OP’s posts: |
Ringsender2 Thu 30-Jul-20 17:07:03

Any updates OP? Hope your mum's ok

Charlieandthechocolatecake Sat 15-Aug-20 00:23:41

@Ringsender2 yes! So mum's employer has sent over payslips covering her entire employment. It looks like her holiday pay was incorporated into her monthly pay. I've compared the payslips to mum's bank statements and all adds up.
The ACAS deadline has passed and we are now able to go to tribunal however we can still negotiate a settlement via ACAS.

I have asked for the absolute minimum. Redundancy and notice pay based on 3 years. Mum's employer asked to settle for less bit more than the 2 years she calculated. She also said she was in the process of closing the business and that if we asked for more than what she offered it would be a long time before we got anything (in a nutshell).

I've made a new thread or 2 about this but only got one reply which was great.

What we've asked for doesn't incorporate mum's unfair dismissal. We have no legal representation so I'm hoping the employer will pay what we've asked for. If not, I'll spend my lunchtimes on eBay looking for white wigs grin

OP’s posts: |
notapizzaeater Sat 15-Aug-20 00:32:56

If her holiday pay was incorporated then she should would be earning well over min wage. IIRC you can't do that now anyways staff have to have paid holidays.

Ringsender2 Sun 16-Aug-20 11:30:36

Good point @notapizzaeater

notapizzaeater Wed 26-Aug-20 23:04:00

@Charlieandthechocolatecake did you get this sorted ?

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