Am I entitled for on.

Hello Everybody,

I need to get help regarding redundant pay whereby to know if I am entitled, of any, in given circumstances;

" I handed my resignation letter on 2nd Feb 2011, stating my last working day will be 30th June. But on 3rd May, I was called on meeting to inform that they have to bring my last day on 17th June, 2011 as per closing of business".

I emailed HR manager about redundant pay, who replied," unfortunately, you are not made redundant".

I have spoken to ACAS, who talked on my favour, but have asked me to seek help from private solicitors.

Hope to get help or any guidance.

I'm sure ACAS did - don't waste your money because they are wrong. You had already resigned. You therefore cannot be made redundant. provided that you have stipulated your last day in your notice, and the contractual notice is not shorter than that period, the employer cannot reduce the notice period unilaterally - they will have to pay for the agreed notice, whether or not they have work for you. But that is all.

Thank you for your prompt reply, SarEl

Now I understand that I am not entitled for Redundancy payment. And what I can gather from your reply is that, my employee should pay me till 30th of June, whether work or not, right?

If they have to pay me but not willing to do so, what further procedure should I do ?

Thank you in advance.

Assuming that your contractual notice period is not less than the time between them telling you this and the date you intended to leave, then basically you have to ask them / in form them that your notice stands at the end of June and you would be expecting to be paid for the whole period of your notice. What is the notice period that you are required to give / that they have to give you?

I have to look into my Statement of Main Terms of Employment, therefore will let you know once I look into it.

Thank you very much for your prompt reply so far

This is what its written in myTerm of Statement.
5 years continuous service or more, 1week for each complete year of service to a maximum of 12 weeks after 12 years.

As i have been in this company since Sept 2004, they have nearly given 7 weeks notice, so i beleive, i get nothing.

Hope you can shed some lights on this,SarEl,and prove me wrong.

Waiting for your reply.

Thanks in advance and all of your reply so far.

Yes, I am afraid that you are correct. I had thought, given that gave them a large amount of notice, that you had a longer notice period. But if they have served you notice to end before your own notice ends, and that is within the contractual notice, then they can do this and pay nothing more. I suppose that at least the good thing is that you are leaving anyway, and so it will not be a great blow.