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Jampots finally been made redundant

50 replies

jampots · 03/01/2005 13:57

Boss rang me this morning and told me i was a luxury he couldnt afford and is paying me redundancy plus salary til end of feb

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sis · 03/01/2005 17:12

Jampot, if you don't hear from them within a week then I still think it is worth your while to write to them and say that you understand you will be paid until end of Feb and will receive three weeks redundancy pay - maybe say that this will be at your actual pay and wait and see if they come back and say that you will only get the statutory amount (about £270 per week but this will go up on 1st Feb).

If I remember correctly, if he hasn't given you your notice then redundancy pay entitlement is based on what it would be if he had given the proper statutory notice - so it should be three weeks redundancy pay. Payment for holidays not taken is taxable and you should get at least any holidays you would have accrued if he had given proper notice.

Hang on, just re-read this thread - he told you today and your three years were up yesterday so you definately get three weeks redundancy pay. You need to find out when your employment will end - today with pay in lieu of notice plus an ex-gratia sum until the end of Feb or on 28th Feb to work out whether your redundancy pay is limited to £270 per week or the new higher figure which kicks in on 1st Feb and also whether holidays will accrue until three weeks from today or until 28th Feb.

Sorry for long post.

lavenderr · 03/01/2005 17:13

sorry to hear you news (will read thread when screen is right was round as hutring neck to read at mo) (((((((hugs)))))

Twiglett · 03/01/2005 17:20

Congratulations .. I think

I thought that you were entitled to a couple of weeks consultancy before it kicks in .. they have to show they have tried everything

You will get the month's notice PLUS the redundancy ( a week for every year served .. no doubt at govt. rates and not at your salary)

You are certainly entitled to an independent solicitor (paid for by your company) to go over the redundancy agreement and settlement

jampots · 03/01/2005 21:40

thanks for everyone's advice and congratulations on the loss of my job .

Now can anyone tell me about contribution based job seekers allowance?

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Freckle · 03/01/2005 21:42

What do you want to know?

jampots · 03/01/2005 21:45

well i see that its not means tested (which is good) and based only on my NI contributions over the last 2 years (which is also good) but does it take into account that i live with my dh? and as i have to be available to collect my children from school would they take that into consideration if i were to look for another job

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Freckle · 03/01/2005 22:01

Contribution-based JSA does not take into account your partner's earnings. You have to be available to work for a minimum of 40 hours a week to be eligible for JSA. However, someone with caring responsibilities may be able to avoid this condition if they are available for as many specific hours as their caring responsibilities allow; and they have reasonable prospects of securing employment in spite of the restrictions, which must be recorded in the jobseeker's agreement; and they are available for employment for at least 16 hours a week.

jampots · 06/01/2005 11:25

right ladies - i still haven't had my cheque/formal letter from my ex-boss. How long is it appropriate to wait for such a thing. I was thinking along hte lines of waiting 'til tomorrow and then ringing him and telling him I'll be in Knowle and I'll collect it! ANy views?

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littlemissbossy · 06/01/2005 11:28

I didn't see this last week so sorry about you being made redundant but great news about you staying at home
IMO I would have expected some sort of formal letter immediately TBH and a follow on cheque within the month

jampots · 06/01/2005 16:07

Thanks LMB - i thought pretty much the same. Obviously would like the cheque asap but realise if i was still working i would have to wait until payday anyway so not a hardship as such.

I rang ACAS as well just to get their slant on it and the advisor there said that ex boss hasn't complied with statutory procedures for dismissal/redundancy and I should consider obtaining a claim form and submitting it to an Industrial Tribunal for unfair dismissal which carries an extra 4 weeks pay as compensation just for being procedurally incorrect.

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Freckle · 06/01/2005 16:14

Sounds like a plan! Get your cheque first though. You have 3 months to submit a claim from the date of the dismissal. I'd get it in before that though, just to be on the safe side.

jampots · 06/01/2005 16:27

Freckle - thanks so much for all your advice regarding this matter - i really am grateful

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Freckle · 06/01/2005 16:31

No problem. Just hope you manage to come out of this with your dignity and a large payment!

jampots · 13/01/2005 21:40

still no letter despite 2 emails from me - do you think if I email every 2-3 days it would be too much?

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biglips · 13/01/2005 21:45

same here as ive been made redundant and i leave at the end of mar 05(im on maternity leave till end of march 05) as everyone in my job had been made redundant when i was 7 months preg - gud timing eh!!

biglips · 13/01/2005 21:46

my chq will arrive at the end of the maternity leave

sis · 14/01/2005 13:41

Jampots, just send them a letter outlining the conversation and your understanding of when you leave and how much money you will get and ask them to write by a set date (eg 21st Jan 2005) if they do not agree with any part of it and then send your letter recorded delivery. The ball will be in their court then.

jampots · 18/01/2005 09:25

biglips - sorry to hear that

I have received my letter this morning which makes it look like we came to some agreement that my job wasnt necessary. He has completely failed to mention that he has been looking at his accounts and sees me as a luxury which is what he said on the phone. In addition, he hasnt sent me a copy of my contract nor a reference. Sis/Freckle - can he withhold these 2 items, or at least not provide a reference?

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Freckle · 18/01/2005 09:52

Strictly speaking, an employee has no automatic right to a reference. So your best bet at the moment is to play nicely so that (a) he actually provides a reference and (b) says nice things in it.

Wrt your contract, as you are still technically an employee you are entitled to see a copy of your contract. However, I wouldn't be surprised if he hangs it out long enough so that he can turn round and say that, as you are no longer employed, he is not obliged to provide a copy. Difficult.

Did you get your cheque?

jampots · 18/01/2005 09:57

Oh no Freckle - in my letter he tells me that he dismissed me on 3rd Jan! so presumably im not entitled to it.

And yes I got my cheques (one for payment in lieu of notice and the other for statutory redundancy pay and additional discretionary payment equivalent to one months notice).

There are no conditions imposed in the letter with regards paying these cheques ie. acceptance of terms of letter or are these automatic? given that i dont entirely agree with the reasons stated in his letter should I still go ahead and cash the cheques?

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Freckle · 18/01/2005 10:01

Does it actually matter what he says in his letter? If you're satisfied that you've been made redundant, and he has paid you everything you are due and were expecting to receive, what difference does it make that he's put incorrect reasons in his letter? I agree it's annoying that he seems to be twisting the facts so that he doesn't appear to be such a pr*ck, but, at the end of the day, who else is likely to see the letter. You could write back saying that you don't agree with the reasons in his letter and setting out the true facts, but what purpose would that serve? Especially if you want to get a half-decent reference out of him.

If you feel he owes you more money, you could write saying that you accept the cheques in partial settlement and setting out why you feel you are due more.

Freckle · 18/01/2005 10:04

Sorry, I've just gone back over the thread and realise that you are possibly looking at a claim for unfair dismissal. In that case, it is probably a good idea to write disputing the facts of the redundancy, and saying that you accept the cheques in partial settlement (or that cashing the cheques does not indicate acceptance of his version of events). If you are looking at a claim, I suspect the chances of a positive reference are going to be pretty slim! And you could always ask again for a copy of your contract and, if he refuses, ask why.

jampots · 07/02/2005 21:56

Just a little update - my solicitor has sent a letter to exboss and started the ball rolling with regards to employment tribunal. Upon receipt of the letter my friends (x2) were hauled into boss's office and threatened with dismissal as he thinks they have been leaking info to me about the firm since my departure!! Incidentally I understand from another person there that overtime has been offered to everyone (at an increased rate) to do my job!!!!!

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Casmie · 07/02/2005 23:05

Ugh jampots, what a tosser !

Freckle · 07/02/2005 23:25

In which case, you haven't been made redundant. Redundancy means that your job no longer exists, so if they are having to get other people to do it, it clearly still does.

Hope your solicitor is on the ball.

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