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Does my boss need to pay me for notice period?!

(18 Posts)
fuzzypeach Sat 30-Jul-11 10:26:51

Hi
Just after a bit of advice.
Until yesterday my job title was Assistant Manager of a small shop.
Its a bit complicated in that until 5 weeks ago, I was doing an average of 35 hours per week which is in a contract. My DH then left me and I had 2 weeks off unpaid, when I returned to work, I asked if I could drop some days, and agreed verbally to do 3 days per week (two 9 hour days, and one 7 hour day so 25 hours) but this was never written up in a contract. So for the last 3 weeks I have been doing 25 hours.
I was told yesterday by my boss that my job role was going to be made redundant as the shop no longer called for an Assistant Manager (although she told another member of staff 30 mins before telling me this, that a management position would be coming up very soon!!) She offered me another position, less money and less hours a week than what I am currently doing.
My notice period is one month, and she said something to suggest that she knew she would have to pay me the higher pay rate for one month despite my job role changing with immediate effect. However when I went away to think about it, I thought about the fact that my hours have gone down, does she need to pay me for the extra 8 hours a week too for the rest of the month? Or does she not need to because my contract still actually says 35 hours per week, but I haven't been doing that for a while now?

Thanks for any help smile

fuzzypeach Sat 30-Jul-11 10:28:17

Just to make clear I am not expecting to be paid for 35 hours a week, but 25 rather than the 17 she has now offered me in new position

cjbartlett Sat 30-Jul-11 10:30:58

Are you taking the new position? I definitely wouldn't
I'd tell her to shove and do four weeks , 25 hours a week and look for somewhere else to work

SandStorm Sat 30-Jul-11 10:31:18

I'm not an expert but shouldn't they be paying you redundancy rather than your notice period?

LIZS Sat 30-Jul-11 10:40:35

How long have you been there ? I'd agree that if the position is redundant , how many hours you have been doing isn't material. If your contract states 35 still so could you make 10 hrs p/w holiday ? If you have been there for more than a year you could consider Unfair Dismissal or if shop is part of a chain are there other AM jobs to apply for ?.

fluffles Sat 30-Jul-11 10:42:04

if your post is redundant then you need to be treated as statutory redundancy - look it up, there's info on the web from the govt. about how much you need to be paid.

NemesisoftheVole Sat 30-Jul-11 11:05:59

redundancy calculator here

GwendolineMaryLacey Sat 30-Jul-11 11:38:13

Is the boss the manager of the shop? If so then, in order to give your colleague a 'management position' either she's leaving or she knew you would. All sounds a bit suspect. I don't think you can be elbowed out of a job that still exists, can you? Not unless they have issues with your performance and then there are procedures.

fuzzypeach Sat 30-Jul-11 14:47:58

Yes, the boss owns the shop. It isn't a chain, just a one off shop. It has only been open 6 months, and I have worked there since the start. I havent told her if I am taking the other position or not, said I needed to think about it. I don't want to take it, but it's so difficult to find a part time job locally that fits in with the kids, and apart from the manager going from being amazing to absolutely horrendous in the space of 6 months, I actually quite liked the job sad
Don't think I will qualify for redundancy as only been there 6 months, and she is offering me another position?

fuzzypeach Sat 30-Jul-11 14:49:37

And I am pretty sure that she is only making my role "redundant" as she has decided that because I was quiet when I returned to work after DH leaving (I wasnt crying/talking about it etc, just literally quieter than normal) that I have created a bad atmosphere, that I should pull myself together and get over it and throw myself into work because I have lost my "spark"!!

Pudding2be Sat 30-Jul-11 14:55:58

Please speak to your local citizens advice - she can't offer you another job for less pay per hour even if your role is being made redundant

Also good for advice is ACAS, if you google them they can give you guidance

It sounds like your employer doesn't fully understand the employment law around redundancy. She can't just decide the job is no longer needed anymore. It's a complex matter which she should of sought legal advice on before making any descisions

Please don't take everything she says as being correct, however well meaning you think she is

Hth

trixymalixy Sat 30-Jul-11 15:58:59

If you've been there less than a year then she can get rid of you for any reason and you're not entitled to redundancy pay. Sorry.

WhereYouLeftIt Sat 30-Jul-11 16:33:18

The role of the Assistant Manager is being made redundant, but she has informed another member of staff that a management role will be becoming available soon? I don't think this is legal.

IIRC, it is the position that is redundant, not the person who fills the position. If the position becomes available again, it should be offered to the person who last filled it. Laws may have changed in the meantime, but it would be worth checking with CAB or similar (or hopefully someone will come along here who knows).

Otherwise, any time a company wanted rid of someone they would pull this stunt. And when they do, isn't it called constructive dismissal?

fuzzypeach Sat 30-Jul-11 17:55:05

Thanks for replies, I will try and get to CAB this week sometime. I think that the fact that I changed from full time to part time hours could give her the right to say that in that case the ASM role was not available anymore, so it's all a bit confusing. She has never managed people or had her own business before, and it shows. She has tried a few stunts before to try and fiddle me out of pay/holiday entitlement/lunch hours etc as she thinks everyone is as clueless as her. Unfortunately, on this occassion I actually am ;)

flowery Sat 30-Jul-11 21:19:04

When you've been there less than a year as trixy said, you can't claim unfair dismissal, other than in some specific circumstances. She doesn't need to justify a 'redundancy', she can do what she likes, more or less, so please disregard advice telling you you have some kind of claim about redundancy.

It's perfectly fine to dismiss you the only question is what notice you are owed.

You'd already reduced your hours at your own request by the time she dismissed you; is she trying to pay you less than that for your notice? I wasn't too clear on that from the OP.

fuzzypeach Sat 30-Jul-11 21:35:24

Hi Flowery - sorry I know my post was a bit unclear. I reduced my hours at my own request 3 weeks ago from 35 to 25 hours per week. As of yesterday when she told me my role was redundant, she said that I can have a different role which is 17 hours per week and a lower hourly rate. My notice period is a month, so she said that she will continue to pay me the current hourly rate I am on until the end of notice period. But this will only be for the 17 hours I will be working with immediate effect, not the 25 hours we verbally agreed 3 weeks ago. My actual contract is for 35 hours, but this has not been re-written since she agreed to let me reduce to 25 hours.
Hope that makes sense...I am not very good at summarising!!

BlackandGold Sun 31-Jul-11 16:21:46

So surely she should be paying you 4 wks x 25hrs?

After that it's up to you if you leave or take the 17hrs pw at a lower rate.

What happens if she then brings in another Assistant Manager?

flowery Sun 31-Jul-11 19:56:49

So you'd be on the right hourly rate and would be available and willing to work for 25 hours a week during your notice but she's only going to pay you for 17 hours a week? You could raise a grievance claiming breach of contract and non-payment of wages, give that a go.

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