General Chat

I work part time in an office and only work term time. After the holidays I believe I am will be given my reundancy notice. I know they are required to give me 90 days notice. This will take me up to September. My question is as I don't work during the summer holidays can they include this in my notice?


I think this is what they are planning. 2nd June I get the letter. break up 6 weeks later for summer Hols which I dont get paid. Redundancy notice runs out in time to prevent me going back to work in September. This means they will only have to pay me for 1/2 the 90 days notice. Can they do this?

Jane

Hi Jane,

Type redundancy into the search bar and then go to the site that has .gov.uk. You should be able to find a lot of information on there. You may find a phone number as well so that you can speak to someone.

Good luck.

Jacky

Hi Jane

www.dwp.gov.uk is the Department for Work and Pensions website.

I'm not sure how redundancy is paid in the education system, but I know that some councils pay the annual salary divided by 52 weeks, therefore staff get paid during holidays, but other councils divide the same amount of annual salary by 39 weeks and pay more during working weeks with no pay during holidays.

This might have something to do with it, if you have been paid already to cover the holidays if you see what I mean.

Dianne xx

sorry I keep on getting disconected from the Internet. Thank you both for your help. I will take a look at the website and see if that gives me any more information.

I work for a Christian charity not a school. I usually get 2 weeks holiday in the summer but wont qualify for it this time.

It looks like they are geting away with only paying me 1/2 my notice and they are only going to pay me 15 weeks redundency instead of 32. this is becasue they have lost all the information regarding my start date. I cant see anyway I can get over this problem. I will have to take further advice.

Thanks again

Jane

Hi DET

We didnt have a contract until about 5 years ago. As we were paid from the till we didn't get wage slips or P60.

I got the job because I used to use the centre. (Community centre) They didn't go through agencies or even advertise the jobs. If they new you, liked you and there was a job going you got it.

so I think I am snookered.

Jane

National Insurance Contributions Office should be able to help.

My dad once had a claim for Industrial Injury which went back donkeys years. The companies concerned all claimed never to have heard of him. His solicitor said "I will prove them wrong, I will prove you worked at their companies via your National Insurance Contributions". And she did.

Hope this helps.

Dianne xx


PS
Re your previous post which we typed at the same time, do you have a date of leaving your last job? You might be able to remember from that when you started the new one, ie were you out of work a week, a month, 6 months between jobs?

Hi Diane

They have got me there too. I don't earn enough to pay national insurance contributions.

A for my job previous to this one I had a short break in between jobs as I was pregnant with my first son. I did a bit of agency nursing in between but that wont help me. I used to do agency work and this job at the same time.

Leaving one job doesent prove when you started the next. I know I started working for thsi company in 1988/9 but I have no way of proving it. As far as they were concerned I was a casual. In those days you didnt worry about the future so you didnt insist on having everything in writing.

Jane

what about bank statements - surely it should prove some kind of employment if they are paying you?

i'm hoping they started paying into your bank sometime before you signed contract - it might give you a few more years to add onto their wildly inaccurate date.

Sounds to me as if you were being employed as "Casual Labour "and paid Cash in hand,but this should have been on a "Daily Basis and only for a short time,otherwise you should have been given full employment status, Seems like trhey were trying to work a flanker untill somebody put them right about it,hence being properly employed for Five Years, Good luck with your Claim.**M**.Ps. you should have had to sign a "Petty Cash Voucher" for your money at the time,and they should have kept them for tax purposes.ask the Taxman if you have problems,the records should be somewhere .H.

Unfortunately I only have bank statements going back 10 years so they wont help me and before that I was paid by cash.

I think I will jsut have to wait and see what they have got to say for themselves and hope they make me a good offer. I wont hold my breath though. I dont think I have got a leg to stand on though. These people are really crafty.


Jane

I don't think the notice period is the main issue here. 12 weeks is the statutory minimum which applies to someone who has worked for at least twelve years, so you are getting the maximum, even if your start date is unclear. I don't believe the notice period is effected because you are not due to work during the summer holiday either.


Within the notice period you work your normal pattern or alternatively if there is no work for you, you are paid the wage you would have received had you worked.

More importantly is your Redundancy Pay. A redundancy payment is calculated by applying a formula based on an age factor, length of service, and a week's pay.

Your employer must provide you with written details of how your redundency payment is calculated, and this must be at least equal to, or better than the statotory minimum.

They havent discussed redundency pay details yet but have said they will only pay me from the date which is now on my contract which is Oct 97. AS I am 45 I take it they will have to pay me 1.5 weeks for every year I have worked for them. Or is it one weeks pay for every year up to age 40 then 1.5 weeks pay for every year after. I am not sure of the rules on this.

Jane

I was made redundant in February from a shop.
Redundancy is 1 weeks pay for each year of service,& notice is the same up to a maximum of 12 weeks,regardless of summer hols,it must be a weeks pay for each year of service and must be a weeks notice for each year worked.
Before you were 41 it is 1 week & after you turned 41 it is 1.5 weeks,but only will be 1.5 weeks AFTER the period after you turned 41.
So from 97 to 2004 you are entitled to 1 weeks pay for each year which equals 7 weeks pay.
Then 2004 to 2009 you are entiltled to 1.5 weeks pay multiply that by 5 & that's 7.5 weeks pay.
You do not have to work the notice period,you can have a payment in liue of notice.
If you are in a union,make sure you are accompanied to every meeting,the selection criteria must be fair and objective and you also have the right to appeal.
I myself went thorugh the appeals prcedure as mine was applied very unfairly & 3 months later ACAS are dealing with my claim against them.
So make sure it is done fairly,get as much advice as you can,there is loads on the net,or if you are in a union they will be able to advise you as well.
This site contains some useful info
http://www.redundancyhelp.co.uk/PayQuick.htm
Hope this helps
Adam.

Adam

Thank you for your help. I cant do much at the moment till I find out wht they are offering. Then I shall seek advice.

Thanks everyone the information you have given me has been very userul.

Jane