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Redundancy pay problem

(9 Posts)
HelloIAmBaymax Fri 09-Jan-15 18:07:48

I received notice of redundancy in the middle of December. I was given notice until 31st January and told I was not expected to complete further work for the company.

The problem is they are trying to screw me out of overtime. I work in a seasonal shop, but receive a salary. I work long hours in the summer and then take TOIL during the cold winter months. I always do more overtime hours than I can take as TOIL so receive a payment to cover my overtime in addition to TOIL.

My employer is refusing to contact me at all, leaving it to the accountants. I was not consulted about the redundancy, just received the notice out of the blue one day with a note asking me not to contact my employer.

I have told the accountant that I am still owed overtime, but the employer is denying that she knew I worked overtime. My salary only covers 24 hours a week at minimum wage. She knew I worked much longer hours, but I don't have it in writing. The contract states I am to work as and when the shop is open. I managed the shop and determined the opening hours.

How can I prove this and get the money I'm owed?

flowery Fri 09-Jan-15 19:39:40

When you say you were given notice in the middle of December to end employment on 31 January and were told you were not expected to complete any more work, does that mean you've been on full pay during your notice period but not having to work? If so, your employer may have felt that the hours you are being paid but not working during your notice period should cover it. She should have course been specific about that if that's the case.

How were your overtime hours normally recorded? Presumably a time sheet or similar must have usually been kept so that you and your boss both knew how much TOIL you had available to either take off or be paid. How do you know how many hours you worked? Presumably you have some basis for your calculation?

Do you have more than two years' service? Employers must consult about redundancy, even if it's just one person, and if you have enough service you could consider an unfair dismissal claim. There may not be a lot of point as compensation is purely based on financial loss, and if the redundancy itself is fair and necessary, and it was a procedural element that wasn't followed, your loss from no consultation will be minimal. However taking steps towards a claim might be a useful bargaining chip.

Did you appeal the redundancy?

Sorry for all the questions!

HelloIAmBaymax Fri 09-Jan-15 19:57:15

Using iPad so answering as many questions as I can remember.

I have not appealed the redundancy, despite no consultation. I have not signed the form they sent me either though, as the wording seemed as if I would not receive any further money.

I have worked there for 3 years.

The accountant is now my only point of contact. My employer did not tell the accountant that I take TOIL, or that I receive a cheque for the extra hours every winter, so they are denying that it happens. I could use my bank statement to prove that I have paid in cheques, but I cannot prove they are from her, can I?

flowery Fri 09-Jan-15 19:59:39

Proof that you were paid last winter for extra hours the previous summer wouldn't help you prove you are owed money now anyway.

How were hours recorded usually?

flowery Fri 09-Jan-15 20:00:22

What's the form you've been given?

HelloIAmBaymax Fri 09-Jan-15 20:09:09

I am salaried, but only at the equivalent of 24 hours at minimum wage. Unfortunately the agreement for me to work full time and take the TOIL was only verbal.

My employer moved hundreds of miles away after a bereavement so leaves me to run the shop. I keep a diary of my hours, and the till rolls will confirm the hours of business.

I worked 560 extra hours and have so far received a payment of £3000. I was due to receive a further payment of £1430 for the remainder of the hours and my holiday pay. I usually return to work in the second week of February.

I assumed, possibly incorrectly, from the wording of the letter that I was to stop doing any further work for her from the moment I received the letter. I couldn't ask her as I was forbidden from contacting her. Not sure why.

2 weeks before I received the redundancy notice she wrote me a letter to say she was selling the shop, but that I was part of the shop and so it was up to me whether or or I wanted to leave. That was the last contact I had with her.

HelloIAmBaymax Fri 09-Jan-15 20:12:46

Sorry, it's not actually a form. It's just a letter from the accountant letting me know that my employer has to make me redundant from 31st January and that I am entitled to 3 weeks notice of termination and 3 weeks of redundancy pay. I have 2 copies and I am supposed to sign one and send it back.

flowery Sat 10-Jan-15 07:33:50

Ok well if you have a diary of hours, till rolls will back it up and therefore know exactly what is owed, you are in a better position.

I would suggest a grievance claiming unlawful deduction from wages, setting out exactly what you are owed and why. I would also suggest appealing your redundancy on the basis of your employers failure to use a fair and lawful procedure. Have a look at the ACAS website for what a fair redundancy procedure is and list in your appeal all the aspects which have been missed. I suspect failure to consult and (I'm assuming) failure to give you the right to representation by a union rep will be the main ones.

You need to get formal now which will hopefully get your employer or at least the accountant to take notice.

Use words like "having taken advice" winkgrin

HelloIAmBaymax Sat 10-Jan-15 08:37:23

Thank you very much

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