redundancy and alternative employment

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    pickyboy pickyboy is offline Junior Member
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    Default redundancy and alternative employment

    hi there i hope someone can help. I have recently been let go from my job.I had an arguement about non paid wages on sat morn and was told on mon not enough work for me either take 16 hrs at new shop or be let go.I refused the 16 hrs due to travel,and less than half my salary.Should i still be able to claim my redundancy?

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    face2facehr face2facehr is offline user
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    Yes, you are redundant. If the alternative was 'suitable' then you'd forfeit the redundancy but if it involved a big salary cut that wouldn't be classed as 'suitable' so you should still get any redundancy pay that you are entitled to.

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    pickyboy pickyboy is offline Junior Member
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    thanx for your reply.I have since sent letter requesting redundancy payment which my employer refuses to pay as he says i have not been made redundant as i refused this 16hrs alternative employment,when I was doing a 45hr week.

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    Have a read of this, about what classes as suitable alternative employment. Finding employment after redundancy : Directgov - Employment
    I'd suggest you write back formally to your employer, saying you've taken advice and you understand that you only forfeit your right to redundancy pay if you refuse 'suitable' employment, which would involve a job on the same or no less favourable terms and conditions.

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    pickyboy pickyboy is offline Junior Member
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    I now have a lawyer who has sent my old employer a letter. Does he have to reply to this letter.

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    Well no one can force him to reply, but if he doesn't and you need to take it further legally, him ignoring all your attempts to resolve the situation will only help your case.

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    pickyboy pickyboy is offline Junior Member
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    hi,my lawyer now says that my employer is taking legal advice. What do you think will happen next as it is getting close to my cut-of date to apply to employment tribunal.

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    You have three months from date of termination to apply to an employment tribunal so you're ok for a while.

    If your employer is taking legal advice I would expect them to cough up your redundancy money quickly. Any solicitor will be able to tell your employer that a huge hours/salary cut isn't a suitable alternative and that they therefore owe you redundancy money, so as long as they are taking advice you should be ok.

    If it gets close to the tribunal deadline and you've still not heard back, you can go ahead and claim. As long as you've done everything you can to get an answer, which you have, you don't have to wait for them to respond if you're going to miss the deadline.

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    arendedric arendedric is offline Banned
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    You should keep the process going as the way it should be and not wait for your previous employer to take a step. If they are taking a legal advise it's well and good that they are at least thinking of a way out of this. You should not be the one who should be afraid of the proceedings as far as the ball is in your court.

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    pickyboy pickyboy is offline Junior Member
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    Hi,my ex-employer has now requested through my solicitor a copy of my contract from me. I cannot remember recieving a written contract and would have thought they would have a copy if i did. Why do you think they need this?. My thinking is they have lost this if I ever signed one at all.


 
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