Redundancy Pay

Hi All

I'm new to this, and have exhausted all other avenues of enquiry, and I'm asking on behalf of my wife - who, to be honest, is a little worried. I'll try to be brief with the scenario.

K was employed by an independant travel agent off and on for 20 years. Her last continuous period with the employer was 10 years.

Last October, kk recevived a telephone call from her employer telling her that he had been forced to close his business, and that she was not to come into work again. She effectively did not receive a period of notice.

K remained unemployed from 5 October until she found new employment on 1 November (yes - very fortunate).

The matter subsequently went to the insolvency service and the courts. She was awarded redundancy pay (which she has received), notice pay and holiday pay (which could only be paid out once the employer had been made insolvent).

The employer has now been made insolvent. K has now received her holiday pay, but is having problems with her notice pay.

The form she has to fill out states that her 'statutory notice period' is from 5/10/10 to 13/12/10. She is also required to fill in details of her new employer / salary etc (the form is an RP2 E).

K was not given any notice. She was told on the Tuesday not to turn in on the Wednesday. The dates given were filled in by the IS.

Is this right? Will K lose out on her court awarded notice pay because of the dates the IS state is her notice pay (for part of which she was re-employed (different employee))?

Has anyone else experienced this, and if so - helllllpppp.

Many thanks

Carl (soon to be hairless)

Being in employment with a diferent employer does not invalidate her right to statutory notice. Sje would have lost some of it if she had been required to serve her notice and left early, but she didn't. She was turfed out on the streets and had to find a new job. I don't see it should make a difference that she found one - but to be fair I don't deal with these sorts of matters, so I cannot be certain.

Thanks for that.

She is just concerned that, because she is in new employment, any salary earned during the period the IS claim to be her notice period will be deducted from the court awarded notice pay. I understand that, had she claimed benefits during this period, then this would be deducted from the claim - but K did not claim, and was unemployed for best part of a month.

We're just confused (and a little worried) that she will not receive monies due, because of her new employment status during part of that notice period.

Thanks again

As I said - I cannot tell you what rules apply because I do not deal with the RPS, but in law the payment would have been due regardless of whether she obtained further employment.

All received, thanks. You state 'in law' the payment would have been made. Without inconveniencing you too much, are you able to supply me with statute, or Act and section. I don't envisage any problems, but it's always nice to have a little ammunition should the need arise. Carl

Not really - because it spans several laws. Fact - you are entitled to statutory redundancy notice if your job goes. Fact - the amount you are entitled to is enshrined in law and procribed by regulation (how much you get for how long). That is just the way it is. Everyone who is an employee is entitled to it.

Had you been given your notice you would have got XX weeks at XX amount. You would have been entitled to this as PILON because you were given no notice. Effectively, if you were made redundant without notice the employer owes the full notice - they don't get to pay less if you happen to be lucky enough to get another job the week after. But like I said - the RPS is public funds and I honestly do not know how they work as I never deal with them.