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Legal matters

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I have just come back home and found a redundancy letter in the post

29 replies

Karenthetoadslayer · 27/07/2014 09:57

from my exP who I work for. He has given me seven days to respond to the letter expiring today. I only received the letter today and have had no chance to reply to it nor to obtain any legal advice over the weekend. What do I do?

OP posts:
Karenthetoadslayer · 27/07/2014 10:02

Panicbump

OP posts:
amyhamster · 27/07/2014 10:06

Could you book an appointment with CAB first thing in the morning ?
Do you get on well with exp?
Could you ring him?
If you have kids together presumably if you're not working he'd have to pay more maintenance ?
Hopefully someone more knowledgable will come along soon
Flowers

Middleagedmotheroftwo · 27/07/2014 10:06

Post this in the employment section. I don't think this is legal.

Karenthetoadslayer · 27/07/2014 10:16

Thank you for your replies.

No, I had him evicted from the family home.

I have a solicitor but she is not there on a Sunday.

Thank you, I will repost in employment.

Flowers
OP posts:
Karenthetoadslayer · 27/07/2014 10:18

Thank you - I have posted in "Redundancies" now.

OP posts:
strongandlong · 27/07/2014 10:22

How long have you worked for him?

What grounds has he given for the redundancy?

There is some clear info about your rights here: www.gov.uk/redundant-your-rights/overview

Picturesinthefirelight · 27/07/2014 10:26

Save the envelope with the postmark on.

FlossyMoo · 27/07/2014 10:34

Isn't it generally 7 working days?

So if received on a Monday that would give you until Tuesday to respond.

Karenthetoadslayer · 27/07/2014 10:37

I have worked for him since 2001. Grounds are business making losses and too much staff. I am the only sales/marketing person.

I have saved the envelope, but he has also sent an email. My problem is that I had no email access during this week to my regular email and he did not send it to my iCloud.

OP posts:
Karenthetoadslayer · 27/07/2014 10:38

I thought it had to be working days too???? He has stated seven days, starting last Monday.

OP posts:
FlossyMoo · 27/07/2014 10:39

Have you been on holiday? If so he must have been aware of your annual leave so sending you information during that period is underhand and sneaky.

Karenthetoadslayer · 27/07/2014 10:40

There are no reasons to make me redundant, apart from personal reasons, obviously. I don't think he would get away with that, but it looks like I have to take him to court again.

OP posts:
Karenthetoadslayer · 27/07/2014 10:43

FlossyMoo he is underhand and sneaky. I have informed him that I was not available during this time and his only objection was that I am not allowed to take the DCs out of the country (out of spite he does not let us go and see our family).

OP posts:
FlossyMoo · 27/07/2014 10:44

According to the Gov. link he will need to give you a notice period of at least 12 weeks as you have been employed for over 12 years.

He can make you redundant if you are the only person in your department and he does not need to offer you a different role within the company.

FlossyMoo · 27/07/2014 10:51

Your redundancy pay is worked out like this:

half a week’s pay for each full year you were under 22
1 week’s pay for each full year you were 22 or older, but under 41
1 and half week’s pay for each full year you were 41 or older

Was he aware you were on leave as in was it officially agreed?

3bunnies · 27/07/2014 10:56

And remember that he cannot employ another person in a similar role straight away - it used to be a year, so even if it goes ahead then it is worth taking an interest in the company for the next year.

Karenthetoadslayer · 27/07/2014 11:17

I cannot find anything on the internet relating to a seven day response time in connection with redundancy letters?

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Karenthetoadslayer · 27/07/2014 11:19

I think in spite of the response time it is may be better not to respond until I have had a chance to speak to my solicitor? Or shall I just reply that I am getting advice and will reply after I had advice?

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FlossyMoo · 27/07/2014 11:20

Well you still have tomorrow so get in touch with your solicitor first thing in the morning. You have until the end of the working day to reply.

You don't say whether you were on authorised leave OP as this will make a difference to the notice period of the letter he has sent.

Karenthetoadslayer · 27/07/2014 11:20

He is not paying any maintenance.

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Karenthetoadslayer · 27/07/2014 11:22

Yes, I was on authorized leave. It was agreed by his solicitor.

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Karenthetoadslayer · 27/07/2014 11:24

The only thing is why did this letter come from him directly and not via his legal team. He does bypass them every now and then though.

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FlossyMoo · 27/07/2014 11:26

Then for him to send a letter during your leave period would render the cut off date as null and void.
You cannot respond to something you will not receive within the allotted time frame. Also most important letters will be sent by recorded delivery to ensure that you have received it.

An e-mail is not classed as a formal notification of redundancy so this cannot be used to back up the response dead line.

You cannot stop him making you redundant IF he is following proper procedure. You can however appeal but your solicitor will inform you of this.

Karenthetoadslayer · 27/07/2014 11:29

Also, I don't have to be on the premises to work. I can work from anywhere, so this does not really matter. He has my iCloud email address, so he could have emailed the letter to my iCloud account to make sure I receive it, as opposed to making sure that I do not receive it.

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Karenthetoadslayer · 27/07/2014 11:31

Thank you FlossyMoo. He expressly stated in the email that the seven day period would start immediately upon sending the email.

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