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Dh worried he won't be paid for his notice period

(7 Posts)
Oblomov Wed 10-Nov-10 15:18:39

Dh was made redundant at the end of oct. He had an e-mailed letter, but it spelt his name wrong, and miscalculated his rendancy pay, stating it was roughly this, but in actual fact becasue he is over 41, he gets extra. he e-mailed and asked for it to be corrected. Asked for a paper copy of headed paper.
As yet, despite asking, this has not been provided.
At the end of Oct, salary was not paid. MD said the "the bank had said they were bankrupt". I told dh that this was meaningless, becasue no bank can declare this. there is a process. they may not have any money, but I thought this was factually incorrect.
But eventually, after many phonecalls, dh got his money. ont he friday, as it should have been.

His staff, the pickers, ( who pick orders and despatch)were livid, becasue they were not paid on the last friday, but were on the monday. some has since walked out.

Very odd, becasue the e-mail of dh's letter, asked him to stay at home, on an on-call-basis for his notice period. This was fine for dh. He applied for jobs, and has an interview this friday. made me shepherds pie. !! they cut off his e-mail and kind of sensibly logged him out of his administrative ( thus you full rights to do anything on the system). this left him with nothing to do, for them, at home for a week.

But 2 days ago. the last picker walked. they called dh in to pick orders. an ops manager , doing the picking. but hey ho.

But what dh says is they should pay him , this friday for the 2 weeks he has done. Given the history, his concerns that they won't pay him,are reasonable.

Before he was at home, on call for a month, which was his notice period. but now he has to go into the warehouse and do 3 weeks picking, with no gaurantees that at the end of nov he will be paid his months salary or the £1600 roughly statutory redundancy.

They don't respond to e-mails or phone calls. can he threaten not to go in on monday if they don't pay him , on friday for the 2 weeks work he has done.

he was e-mailed to ask:
1) paper copy correct redundancy letter.
2) paid for the 2 weeks work he has done, on friday.
name the date that his final 2 weeks money will be paid. what date redundancy payment be made.

do they have to pay him his notice period, even if he refuses to work ? prob not.

But he has no guarantees.

He could work next 2 weeks, get to the end of the month and them pay him nothing. no nov salary or no redundancy.

Then he will have lost nearly £5k.

We don't know what to do.

Please advise.

Oblomov Wed 10-Nov-10 17:06:22

Anyone ?

Oblomov Wed 10-Nov-10 19:27:12

No one about tonight ?

StillSquiffy Wed 10-Nov-10 20:06:33

OK, correct me if I'm wrong...

1) They paid him for October but only after lots of argy bargy because they have cash flow problems
2) Other staff were paid 1 working day late,
3) although they told him he could serve out his notice period at home, they now need him to go in for some of the time to work
4) He worries that he won't get paid
5) He has been asking for info for not getting any?

Sound ot me as if their intentions are ok but they are surviving hand to mouth. In such a situation I would expect that all their efforts are going to focus on keeping the company afloat and they quite reasonably think that 'other stuff' (like dealign wiht staff emails and requests about redundancy pay) can wait.

If he doesn't go in and serve his notice period then they could withold redundancy pay, yes. They will certainly want to because they will feel let down by your DH.

TBH I don't see any grounds for your DH refusing to go in - he agreed to be 'on-call' and they've made the call. They have a legal obligation to have him work for them only if they have the means to pay him, but in reality if they go under and he doesn't get paid then there is not much he can do other than sit and wait until the assets are divvied up (he will be a higher ranking creditor in a winding up process if there are any assets left).

There may be some legal/techy bits I don't know about in such a situation - maybe flowery has more info on this...

flowerybeanbag Wed 10-Nov-10 20:09:25

Sorry to hear this Oblomov

No they don't have to pay him his notice period if he refuses to work it, they are within their rights to change their mind about putting people on gardening leave and require them to come in instead. I'm afraid that him thinking they might not pay him isn't justification for not turning up for work. I also don't think threatening not to turn up if they don't pay him would help at all, and it risks them trying to avoid liability for redundancy pay by claiming he terminated his own contract and therefore isn't redundant.

All he can do really is what he has done - register in writing the information he requires and continue to fulfil his part of his contract by turning up for work if required. He can't take any further action unless and until they don't pay him.

Oblomov Wed 10-Nov-10 21:04:36

Thank you for the terribel news. But thank you for it anyway. He has to go in. And just hope that they have sufficient funds to pay him.

Thank you Squiffy.
Thank you Flowery. So very much. Once again. You are so good to me, so thank you.

flowerybeanbag Wed 10-Nov-10 22:11:41

blush no problem at all. Do come back if/when they don't pay him.

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