redundancy letter in the morning, 2nd letter issued no termination date

  1. #1
    jtm jtm is offline Junior Member
    Join Date
    Apr 2011
    Posts
    2
    Thanks
    0
    Thanked 0 Times in 0 Posts

    Default redundancy letter in the morning, 2nd letter issued no termination date

    1)The office staff were advised on the 25th March the company was to be put into administration on the 6th April and that we would all be made redundant.
    This morning I was handed my redundancy letter which stated "...due to poor trading conditions and current financial position of the Company, it is no longer in a position to retain its staff. Unfortunately, I write to inform you that you should regard your contract of employment as terminated with effect from 6th April 2011 as a result of compulsory redundancy." Regards wages and accrued holiday pay, the company intends to pay these up to the last day of employment, but payment in lieu of notice and redundancy pay would have to be claimed from the national insurance fund, and a form RP1 was issued along with the letter.
    2) I work for the construction department and we have an ongoing contract that the company is contractuly obliged to complete, but if it goes into administration/ceases trading/insolvency, the client by the terms of the contract can refuse to settle outstanding payments and is not obliged to make any payment for up to 12 years. The Administrators have advised the company to complete the contract.
    3) I had requested clarification of how we would move forward to complete the contract as I was being made redundant on the 6th. could i be re-employed by the administrators, rates and would i receive my pay [from the 6th onwards] in full on completion of contract ?
    4) at 4 o'clock this afternoon I was presented with a second letter that stated "...due to poor trading conditions and current financial position of the Company, it is no longer in a position to retain its staff. Unfortunately, I write to inform you that your contract of employment WILL BE TERMINATED AS A RESULT OF COMPULSORY REDUNDANCY. WE WILL INFORM YOU OF THE EXACT DATE OF YOUR REDUNDANCY AND TERMINATION OF YOUR EMPLOYMENT SHORTLY."
    5) My employer cannot confirm when he will go into administration, whether it will be before or after completion of contract, therefore cannot confirm if there will be any money for pay and accrued holiday pay once the administrators are called in.

    Apologies for the long scenario, but I would like advise as to whether the first letter is still binding, regardless of the second letter and can I therefore accept the the redundancy offer stated therein?

    Regards Jtm

  2. #2
    SarEl's Avatar
    SarEl SarEl is offline Expert Advisor
    Join Date
    Sep 2010
    Location
    North of Watford
    Posts
    4,704
    Thanks
    4
    Thanked 732 Times in 693 Posts

    Default

    No, I am afraid not. You questioned the details of the first letter, which was effectively making an appeal based on raising the terms of the contract which you are employed on making it impossible to terminate. The employer agreed and has revised their redundancy position. You are now stuck with the revised redundancy terms.


    Employment Advice / About Me


    (Any employment law and legal advice I submit to Redundancy Forum is given in good faith without any further liability or obligation).

  3. #3
    jtm jtm is offline Junior Member
    Join Date
    Apr 2011
    Posts
    2
    Thanks
    0
    Thanked 0 Times in 0 Posts

    Default redundancy letters

    Thanks for the advise. Regards Jtm


 
Please share us with friends or colleagues!


Similar Threads

  1. Appeal letter.....HELP
    in EMPLOYEES Ask redundancy questions
  2. Redundancy Letter Sent 3 Months Ago
    in EMPLOYEES Ask redundancy questions
  3. Consultation and Letter
    in EMPLOYEES Ask redundancy questions
  4. Notice from verbal or letter?
    in EMPLOYEES Ask redundancy questions
  5. ' At Risk Letter'
    in EMPLOYEES Ask redundancy questions

Tags for this Thread

 
Powered by vBulletin® Version 4.1.12
Copyright © 2012 vBulletin Solutions, Inc. All rights reserved.
Content Relevant URLs by vBSEO ©2011, Crawlability, Inc.
©2011 MC Buckingham Limited No Duplication Permitted! vBulletin 4.0 skin by CompletevB.com



vBulletin 4.0 skin by CompletevB