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Redundancy Pay

Katherine

14:06 / 01.03.06

I'm hoping the kind people of Barbelith may be able to help me with a question.

My boss decided that he is fed up with running this business and has decided to shut it down. I was originally told I had four months left (until end of June) but last week he told he that he's shutting down on the 31st of March. Luckily for me I had an interview last week which resulted in me getting a phone call yesterday saying we want to employ you. (Many thank yous to Jub for his job seeking help

)

When I was sorting out my leaving date with the boss today he turned around and said I wouldn't be getting any redundancy money, is this true or is he trying it on?

I'm in england if this is any help with the help (as it were)

pointless & uncalled for

14:16 / 01.03.06

Firstly, what is in wrting and what isn't?

Triplets

14:21 / 01.03.06

Indeed.

(not to start throwing in random "I think it's this" bu-u-t I believe minimum redundancy is one week of pay for every full year worked at the current payscale you are on. This is based on talks about my company which is currently going through a merger)

Katherine

14:22 / 01.03.06

None of it, however the first date for shutting down was stating in front of the accountant we use. The second & final date has been confirmed with the landlord and we are now telling customers.

The whole thing has been verbal. Probably isn't going to be great news I know.

I have been employed for three years by this company, so any money wouldn't be that great anyway but it would be useful so I have money to tide me over to I get paid by my new place.

pointless & uncalled for

14:25 / 01.03.06

What are the redundancy clauses in your contract?

Future Perfect

14:42 / 01.03.06

Archabyss, you should be entitled to a week's statutory redundancy pay for each year of continuous service you've had.

There is, I think, some complication if you resign before your notice period starts but this handy leaflet from the DTI should explain all.

Katherine

14:48 / 01.03.06

I don't have a contract, never have had one in the eight odd years of being a photographer. I know it's not good practice but I have asked for one and got ignored. However I have recieved holiday pay and sick pay. Not sure if that helps.

Future Perfect

14:52 / 01.03.06

Don't sweat too much on not having a written contract as I'm pretty sure that if you've been demonstrably working for someone, they've been paying you, you're working for them and only them (predominantly) and they're giving you work to do and you're clearly part of their organisation, then the law comes down on your side and treats you as if you've had one.

Obviously that means you don't benefit from non-statutory redundancy pay (what they might choose to pay) but should be covered by statutory.

pointless & uncalled for

14:58 / 01.03.06

Unless you're considered freelance, in which case the pot to piss in is quite small. Unfortunately a danger in your situation.

Katherine

15:16 / 01.03.06

Being as I'm the studio manager I hope I can't be considered as freelance. From the link given I can't see any reason why I'm not entitled to the one week's pay per year.

pointless & uncalled for

16:15 / 01.03.06

Unless your new employment begins before your redundancy period expires, at which point your employer has no further responsibilities to you.

Katherine

10:45 / 02.03.06

Just a update, I spoke to the lovely people at the dti today and according to them I should receive at least some of the money. I'm happy, thank you people of barbelith for helping me.

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