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Original poster

Can anyone help with this please??

23 replies

Beauregard · 17/03/2008 23:15

As of the 31st of this month i am redundant.On this date i should be receiving my redundancy pay .The paper work i have to sign so they can release the redundancy pay arrived on saturday.There was a query i had with it so i called and spoke to them.The woman i spoke to ,before i said thankyou for your help etc,then said "oh btw you have missed the march deadline so you wont get your redundancy pay until the end of April as the cut off point was today"

I then asked her why i had not received my paperwork before saturday and she just said it wasnt her fault as she didnt have the paperwork to send me until wednesday.
I mentioned this to other collegues and they are yet to receive their paperwork so will be in the same position as me.

How do we stand legally ??

OP posts:
Original poster
Beauregard · 17/03/2008 23:17

Also we wont be getting our P45's until April either as they have to pay our enhancements(which are always a month behind)I start a new job on the 1st april so i will end up being taxed emergency tax on my new job wont i??

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avenanap · 17/03/2008 23:22

Does it state on the forms that they had to be sent back by a certain date? What is the paperwork?

You should ask the tax office about the emergency tax code. i think they normally put a PAYE on this when they first start work.

Original poster
Beauregard · 17/03/2008 23:25

The forms dont mention a date no.
There are 2 forms to sign and return,one to send off so they can release the money and the other to send off when you have received the money.

This is the NHS btw.

OP posts:
pinkteddy · 17/03/2008 23:27

Pelvic some information here. Not my area of expertise but I think its all linked to the redundancy notice they have given you. You could try calling ACAS for advice (number on weblink).

pinkteddy · 17/03/2008 23:30

FGS didn't realise it was NHS! Is it payroll saying you have missed the deadline? What do HR say? There is always some slack in the system. Can UNISON put any pressure on?

avenanap · 17/03/2008 23:34

Have you sent the forms off? If there was no cut off point detailed how are you expected to know? mind reading? telepathy? hmm. This is why I no longer work for the NHS. I am not sure where you stand on this legally to be honest, if there is no return by date on the forms then you could complain that they have acted unreasonably by withholding your redundancy pay, as a government body they are liable for a judicial review. You could either be patient and wait, or give them a call tomorrow, explain that this is bang out of order, you have sought legal advice (kind off, I'm a law graduate) and have been told that as there was no return by date on the forms that they, as a government body, have acted unreasonably by withholding this pay for a month. You are in need of the funds that you are entitled to and they should either make allowances for you or you shall be seeking a judicial review.

Perhapse someone else will come along with some better advice. I shall keep my fingers crossed for you.

Original poster
Beauregard · 17/03/2008 23:36

Pensions department are saying i have missed deadline. I have been told that the the salaries and HR person was aware there was a cut off point and should have notified staff of this and sent the paperwork to the pensions deparment sooner.
I had my 4 weeks notice and a forcast of my redundancy total 2 weeks ago,i presume that i should have received this other paperwork shortly after.

OP posts:
Original poster
Beauregard · 17/03/2008 23:39

No i havent sent the forms off as i was going to after speaking with them this morning but had to call them first due to query.
I only received the paperwork on saturday though.

There is no date mentioned on the forms or anything.

Thanks one of my collegues is going to call HR in the morning to ask what the hell has gone on.I meanwhile am trying to find out where we stand legally.

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NorthernLurker · 17/03/2008 23:40

the payroll deadline things is nonsense - they can make your payment by CHAPS (? is that it - the thing that isn't BACS) the same day. Dh's work had to do that last month as they had mistyped his sort code They don't have to calculate anything do they - as you've been notified of the figure.

Original poster
Beauregard · 17/03/2008 23:43

No they dont need to recalculate anything no.

They are just saying that because our paperwork hasnt been received by them that we miss the march paymentThe fact is that some staff are still waiting for the paperwork to arrive and if we are redundant on the 31st then we should all be payed off the same date surely?

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Original poster
Beauregard · 17/03/2008 23:46

Thankyou for your help

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NorthernLurker · 17/03/2008 23:47

I think you should be paid then if that is what they had previously said. And the deadline thing really is bollocks - dh had a terrible time trying to get his pay sorted out - turned out the person he was speaking too was just e-mailing about it - to a person who was on leave!!!! Finally when he spoke to the right person the money was in his account less than an hour later!! They know how much they need to pay you - they have your bank details - it's hardly rocket science is it? In your place I would point out as well that as the organisation is for want of a better word, dumping you, the least they can do is make it a clean break!

avenanap · 17/03/2008 23:47

Not always, it depends. Sometimes people work and are paid at the end of the month, they can do this (I think) but it is unreasonable of them to not notify you of the return date or not to send you the forms to sign asap. If they have admitted they made a mistake, technically this their fault and they should rectify it or will be liable for a judicial review.

Original poster
Beauregard · 17/03/2008 23:50

We were told that our final pay packet would be on the 26th and that redundancy would be paid on/for the 31st.

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avenanap · 17/03/2008 23:55

so this is a legitimate expectation that you will have these funds by these dates then! This is also grounds for judicial review.

NorthernLurker · 17/03/2008 23:55

I would stick to your guns - there's no reason why they can't pay it for then - they'll just have to get on with it.

Original poster
Beauregard · 17/03/2008 23:55

I really cant see why they cant pay until April,like you said NorthernLurker.

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Original poster
Beauregard · 17/03/2008 23:56

Thanks for the help, i think i may give the number on the link a ring also.

xxx

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pinkteddy · 18/03/2008 23:37

how did you get on pelvic?

Original poster
Beauregard · 19/03/2008 20:24

Hi Pinkteddy

Well a collegue spoke to them and they said that they had never offically declared that the payments would be made the end of march
and that they need to recalculate the sums now as we will get more or something,er not too sure.
I will speak to my manager tomorrow and see if she can enlighten me.
Nothings easy ey?

Thanks for asking Pinkteddy

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pinkteddy · 19/03/2008 23:48

God what a nightmare! Hope you get it sorted soon.

Original poster
Beauregard · 20/03/2008 09:24

Thanks again Pinkteddy

You are a Star

xxxxxxxxxxxxxxxxxxx

OP posts:
NorthernLurker · 20/03/2008 13:09

just seen your update - how rotten of them!! Hope you do get more though.

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