Redundancy pay

[user1497643032]

Help pls, I do not know anything about redundancy pay etc & I don't want to be cheated.

Worked for a firm for less than 2 years

I found that i was being short changed (several times) and raised the issue but they disagreed after emailing several times and mentioning it to manager

Insisted but nothing and then I was short changed and that was the last straw for me because it broke me down physically and mentally making me feel worthless and unheard as they still said I was not short changed and it felt I was hard in a full time job for the wage less than part time.

Couldn't go on and was depressed and went on sick leave and told them I won't come back until my money is paid

Months later after persisting and emailing constantly and then threatening with ACAS and employment tribunal they agreed and made part payment of what was owed and I said no but they insisted again nothing will be paid as nothing more was owed and wanted me back at work and I said I wasn't coming pack until I get every single dime.

Couple of months later They had cut workforce & I opted for voluntary redundancy because I got another job already & I didn't work for a firm that made ill

Now I had used up all my SSP payment
I was told to work until 22/3/23 (2 weeks after redundancy approval). I didn't work because I still had a sick note till the end of March

I was only paid the remaining accrued holiday
I am wondering if there's any other payment I should be getting

Hard to follow, but no. You've run out of sick pay, so nothing there.

Under two years service, you're not entitled to any redundancy pay.

You get holiday pay accrued and untaken up to your date of leaving.

But of course they have to pay you for the hours you worked.

They only owe you notice period and accrued leave. Have you spoken to ACAS as it seems odd for you to make threats to not return if you had. Your notice period can end while you are on sick leave.

This is quite hard to follow but I don't think you should have been using sick leave as a form of strike action. If you're sick, you take sick leave. It's not right to use that entitlement to force your employer to 'pay up'.

It sounds as though you have another job that's less stressful. Personally I'd put the bad experience behind me and try to mentally move forward.

Not clear what you mean by 'short-changed' - did your employers not pay you your wages in full?

Or do you think you should have been paid more for the work you were doing?

@LIZS
I mentioned they owe me my notice period.

Pls will that still be the case if I was on sick leave and had ran out of sick pay?

The notice period was 2 weeks.

@fredschair I was genuinely ill from their actions knowing that I had worked & not getting paid in full & for them to deny it. There was no other way & they didn't even respond to ACAS conciliator until I filled the case at the tribunal

They ended admitting owing me.

@Butchyrestingface
They were not paying for work done and it wasn't just me, it happened to colleagues as well.

I know of a lady that was crying because of this problem

You work for example 20 hours & plan on getting paid for 20 hours (say pay bills) & then on pay day, they pay you for 10 hours
I am not talking about NI deductions etc.

What tribunal? Unless you have a protected characteristic and their actions are discriminatory it would not apply. Were you on zero hours?

Do you have proof of hours and underpayments?

You can bring a tribunal claim for unlawful deduction from earnings without two years service.

Also breach of contract.

@Tealsofa

Yes I have
They have now admitted to owing me & paid what's owed

The notice period was the two weeks they said you had to work after the redundancy decision was made. You didn't work it, but had run out of sick pay. So no, they don't owe you any money for that.

It sounds like they have settled up the money owed for the hours worked. You need to withdraw the tribunal claim and move on in your new job.

So we're all good now?

Or do you still have questions?

@VanGoghsDog

Yes, they ignored all my emails & that of ACAS consolidator until I filled the case with employment tribunal & they responded to me when they were contacted by the tribunal

Going off sick and threatening them won't achieve anything. They'll just ignore you.

If you had proof of hours worked but not paid, then take that to a tribunal. If they owe you, they will ignore you and then pay the minimum they can, a week before the hearing. It could take a year. Your legal costs will be more.

If you've been there less than 2 years you aren't entitled to redundancy pay unless your contract says otherwise.

If your SSP overlaps your notice period, then you get SSP and then normal pay for the remaining days.

I think you had better focus on finding a new job with a reputable employer.

Thank you all, I am all good now

I just want to make sure I am not owed anything by them.

If they’ve paid you the money they owe, then no they don’t - the fact it was difficult to get the money doesn’t mean they owe you anything else I’m afraid

@MintJulia

My SSP finished end of January.

I got a letter of redundancy on the 9th of March & was asked to work till 22nd of March

I didn't work because my sick note expires 31st March

They said I will only be paid unused holiday up until 22nd of March .

Hi OP
To confirm, you had already used all you SSP? If so, they owe you nothing.
The wording of the redundancy is important as they are asking you to work your notice not paying your notice in leiu hence why they don’t owe you anything

@Deathbyfluffy

I am not saying that the fact that it was difficult to get what they owe me mean they owe me if they don't.

I just want to make sure I get all that is due to me & that I am not owed anything at all by the firm.