Redundancy with no contract

  1. #1
    jessielkaye jessielkaye is offline Priority Member
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    premium_post Redundancy with no contract

    I was made redundant about three weeks ago and have been working for my employers for almost 3 years. I have no written contract and my manager informs me as far as she knows I will not be receiving any redundancy pay.

    I'm a full timer on £8p/h. Is it statutory redundancy I'm entitled to, if any? and how much?

    Your advice would be super appreciated as am a little upset that this should happen just before Christmas!

    Thanks,
    Jess

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    Peter Etherington Peter Etherington is offline Senior Member
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    Hi

    You need 2 years' service to qualify for a redundancy payment, so you certainly will be eligible. The amount depends on your age and salary. Best thing to do is to use the ready reckoner from BIS. If you print out the page once you have done your calculation you can present that to your employer. You will also be entitled to at least 3 weeks' notice (longer if you have an agreement with your employer for a longer notice period).

    You also have the right to claim unfair dismissal. I suggest you have a look at my guide to redundancy and use it to decide whether or not your employer has acted reasonably. If not, you may have a claim.

    Regards

    Pete

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    jessielkaye jessielkaye is offline Priority Member
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    Default Added info

    Thanks for your fast answer. I'm going to try and go to my local CAB tomorrow. I have a few more bits of info confusing the issue.

    I was given notice on 24/11/09 for a finish date of 22/12/09. The finish date was moved this morning to 18/12/09 (2 days notice!!) and they want to pay me up until this new date. I have a letter stating my last day would be the 22nd, signed by my manager.

    Also, my employers offered me part time work in another part of the business (nanny agency) of which the job description is not remotely related to what I do now in their retail shop that is ceasing trade all together. Does this mean my entitlement goes out of the window as I turned down the offer?

    Since raising the question of redundancy with my manager yesterday, I've been asked to sign a letter (composed by her) stating I am resigning with the new finish date and that I was offered p/t work in their nanny agency. Are they back pedalling?

    Am I even allowed to ask this many questions?! If the closing date of the shop is this friday, do I only have until then to sort this out?

    Regards,
    Jess

  4. #4
    Peter Etherington Peter Etherington is offline Senior Member
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    Hi

    You should not sign a letter saying you have resigned!

    You should tell your employer that they have to pay you up to 22 December as that is the finishing date that they gave you notice of. They could actually have terminated your employment on 15 December, as you are only entitled to 3 weeks notice (Assuming you have no contractual notice), however they should have given you 3 weeks notice of your new end date if they wanted to change it.

    Your refusal to accept an alternative post, which is clearly not a suitable alternative, will not impact on your entitlement to a redundancy payment. I suggest you put this in writing to your employer straight away.

    Regards

    Pete


 
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