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Bosses being sneaky about redundancy

33 replies

scaredyscared1114 · 13/01/2020 16:19

My bosses have decided to shut their business in March. I have been told the date to finish my employment but no mention of redundancy - they are very naive about employment law. I gathered all the info they need to make me and my colleague redundant and send them the forms.

Today my boss called and said she has checked the security system and added up all the minutes I have been late over the 5 years I have worked for them - says its almost 8h in total and they are appalled that I have been "lying" to them about my hours, I've literally been late by 1-2 minutes in most instances and I have also been early by over 30 minutes for almost 2 years when I was lift sharing.
I apologised, of course. She seems to think I owe her some money or some labour back because of this... I said I'd happily give her the 8h pay back but she now says she wants me to continue working past my redundancy for free to help them close down the business (tidying etc) I feel really tense, like I would prefer to just get out of this job now. I'm tempted to hand in my notice but I would miss out on my redundancy pay.

Just wondered if anyone had any thoughts.

OP posts:
Helpfullilly · 13/01/2020 20:18

@Bluntness100

The government will sometimes pay the owed redundancy, holiday or other pay if a company winds down and is unable. It will be capped and may not be as much or as generous as it would have been under the original contractual terms, however.

worksmart.org.uk/work-rights/pay-and-contracts/employer-goes-bust/if-my-employer-goes-bust-and-cannot-pay-my-wages

It might of course still cause cashflow issues to OP even if she is eligible, as there are forms to fill in and time to wait for the funds. Plus the general stress of it all. So, it might be more trouble than the money is worth to the OP anyway, depending on their circumstances, but that doesn't mean the OP definitely would not get some sort of pay eventually...but I fully agree about not assuming she will keep getting paid, or her last owed wages. Better to plan for the worst and be pleased if it doesn't happen than assume a happy outcome.

Autumnchill · 13/01/2020 20:23

Just following on from above post, my husband was made redundant 6 Dec when the company went into administration. He went to the job centre over10 days later and government redundancy cane through New Years Eve, very efficient

scaredyscared1114 · 13/01/2020 20:29

I think in this case my employers will have to pay my redundancy themselves. They both earn 80k+ and they are continuing their business, just in different locations.

OP posts:
Helpfullilly · 13/01/2020 20:30

Right, so it's not the entire legal entity of the company closing just one specific location? Just seen your updates.

You need to know if the clinics are legally separate entities or different aspects of the same organisation. One way to tell if you are unsure may be if they share a tax code.

The advice will be different, as if it's the same legal entity which is continuing to trade you could have fun and games with them, otherwise, they may try to have fun and games with you as you'd be in a weaker position in terms of the threat of an employment tribunal not being much of a threat in that instance.

BernadetteRostankowskiWolowitz · 13/01/2020 20:38

I would email and say something along the lines of

"Boss, I understand following our conversation on X date that you wish to ensure my time worked is balanced with my time paid. Please send copies of my time in/time out for the duration of my employment in order that I can cross reference them against my hours paid. As we discussed, you wish for me to work back any time owed, and should that be the case following my balancing of the time sheets then we can certainly arrange to schedule in any time owed to you or, if the time sheets show I have worked above my paid hours, any additional hours worked paid to me. Regards, OP"

ivykaty44 · 13/01/2020 20:40

So you get paid from 9 - 5

You have to be at work for 8:45

But don’t get paid until 9am

Your boss figures you owe her 8 hours for being late, but the time is unpaid time... as she doesn’t pay you for the first 15 minutes of work everyday

She’s/he is taking the puss out if you... so sorry this is happening

ACAS

WorldEndingFire · 14/01/2020 05:14

Please make sure you are a trade union member next time, so much easier to fight these things with the union behind you than on your own.

www.tuc.org.uk/join-union

IntermittentParps · 14/01/2020 11:36

when they say I have been "late" all this time, they mean 8.48, 8.50 etc when originally I didn't get paid until 9 anyway.
They're definitely taking the piss. I like Bernadette's email.

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