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Redundancy help(19 Posts)
Just an update - finally, after months of them refusing to adhere to the Order laid down by the Judge, and them insisting that they owed me nothing, I had a call from Acas today to say that they will pay me in full - we were due in court on 3rd December. I have accepted so the legal wording is being written and they have to pay me within 14 to 28 days.
Just thought I'd finally update and thankyou all for the advice you've given. It has been a rotten few months but I hope is now all sorted x
Thanks I really appreciate you replying, all of you. I'm hoping - and the ACAS lady said this - that they simply appoint a solicitor to handle it who then speaks to the ACAS pre-tribunal conciliatory wotsit, and that they simply pay up
Not quite following you.. Do you mean does the fact that its only going to be an hour stand in your favour? Non payment of wages is fairly straightforward so I imagine that is why only an hour has been allocated. All the judge will need to do is ascertain what you are owed, using the appropriate legislation, then ascertain whether you've received it or not. That shouldn't take long.
They have been sent links to the legislation both by email and special delivery. The FD is a law unto himself and states he has a "tacit right" not to pay anyone anything he doesn't want to pay them. They have form for ignoring employment law, and over the last ten years I've had to fight for every legal right I was entitled to. They have been taken to - and lost - several ET's over the years. I just wondered whether, because they've only allocated an hour to this for evidence and a decision, with big bold writing stating that any witholding of wages other than for tax and NI, on the paperwork, stands in my favour at all?
If your notice period is statutory minimum, yes they must pay notice in full rather than SSP. If your contractual notice period is more than statutory, you are only entitled to whatever pay you would be getting anyway, ie SSP. Sounds like you are getting statutory minimum notice so yes they should pay you in full.
Have they been given the details of which piece of legislation requires this? Possible someone from ACAS telling them isn't enough, and how we're they told if they refused to speak to them?
I was signed off sick in Oct 2012. In November we were told our jobs were at risk and on 6th December were given our notice of redundancy, making my last employed day 6th February 2013. I have my contract, my payslips and my notice of redundancy and termination notice effectively ending my employment on 24th January.
During the whole of my 9 week notice period they only paid me SSP, which I have since been told is not legal - even if off sick an employer must pay your full wages during your minimum statutory notice period. This is what they are refusing to pay, despite being told by ACAS that they must do as it is the law.
You need to get clear on policies - it's not uncommon to pay ssp only in notice periods. I am confused by your post - they can't decide last week that they gave you 9 weeks notice in January. That would completely undermine the point of notice.
You are lodging a wages claim for monies not paid. Were you consulted about your redundancy? If not, you might have an unfair dismissal claim as well.
You don't need any legal representation and if you go without a lawyer the judge should explain what is happening.
You need to take your evidence (or may be asked to submit it in advance apart of what is known as a "bundle")- a contract if you have one, but ideally something that shows when you started (to demonstrate that you have been there 9/10 years so are entitled to 9 weeks pay in lieu of notice). A payslip or P60 to prove what a week's pay is, any correspondence which shows when notice was served and when you were terminated and any payslips or bank statements which show what you have actually received.
Have you been paid for annual leave accrued but not taken?
Bumping for advice. they've refused to pay my wages, so I raised a formal grievance and asked ACAS to mediate. they refused to speak to ACAS, so I've had to take it to a tribunal. I got a tribunal date today, in June, and they have allocated an hour to hear the evidence and make a decision. I can't afford legal representation, so can anyone advise on what happens now please?
Hope they pay up. To be fair, the full pay during notice is often something that employers are unaware of so on that particular count, they may not have been deliberately mean.
Have just spoken to ACAS and you are right - thankyou so much. I have raised a formal grievance giving them 48h to pay me correctly, and if they don't I will take it to tribunal
They have only paid ssp during the whole of my notice period
If you are on sick leave and they are just giving statutory minimum notice, I think they have to pay full pay during notice - e.g. if you are on ssp, they have to make it up to your normal full pay.
They sent me a "Termination Notice" last week confirming that they were bringing my finish date forward to 24 Jan. Today is payday. Nothing - zero, nada, zilch. Not even my SSP has gone in. When I quesried why they said I won't get paid till they get their PC back. But I have been trying to return that since mid-dec and they refused to answer any emails or queries with a date/address to return it to.
ACAS state they have no right to withold my redundancy pay because of the PC, but our finance director says he has a "tacit right" to withold and is doing. The pc was finally collected by parcel monkey today, who refused to give me a confirmation of collection or tracking number. "we don't do that" was their answer when I asked for it.
I feel sick. It's my dd's birthday today and my mortgage goes out on monday. What can I do? They are now not answering texts or emails, and phoning goes straight to "this number is currently unavailable"
Well they haven't tried to get away with anything so far, just confirmed that you are entitled to 9 weeks notice. If you're signed off sick for the duration of your notice period you'll get whatever sick pay you are entitled to.
Thanks. I'm signed off sick at the moment with work related stress, and the GP will keep me signed off until the end of the notice period without a problem. they really are a nasty set to work for and I've been bullied for years with no recourse by the management there.
I need to reply to them somehow - but if they think they can get away without paying us then they will do.
9 weeks notice means telling you that your employment is ending 9 weeks before it ends.
If your employer want to end it sooner, they would need to pay you in lieu of the notice you'd missed out on,
If they are happy to keep you employed for 9 weeks but don't want you to come into work, they will need to pay you.
If you decide to end your employment sooner you are not entitled to the rest of your notice and are also risking losing your redundancy pay.
Similarly if you just don't turn up to work during your notice period you are not entitled to be paid, same as if you weren't on notice.
If you want to be released earlier than 9 weeks many employers would allow that, especially if its to go to a new job. If they're not happy, you can do a thing called giving counter notice.
Either way, if you don't want to work, you are not entitled to be paid.
They are entitled to expect you to work your notice - in practice they may not want you to. You need to speak to them. If you choose to leave now you will have resigned and won't get either the nine week's pay or the redundancy money - unless they agree otherwise.
I'm being made redundant after nearly 10 years. They say I am entitled to 9 weeks notice and I have to return all work equipment before they will pay me my redundancy/final pay.
If I stop work now do they have to pay me the 9 weeks or do I need to work it to get it?
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