Redundancy and notice

Hi, hoping you can help.

I was made redundant as of the 14th Dec, and before they announced that they told us they may or may not be able to salvage it on the 4th Dec.

I have since made a claim for money owed through the redundancy payment service. But what I want to know is how much am I likely to receive for lack of notice? I worked there for less than two years and I know statutory is 1 week but my contract said a month so when I get my form through will I get paid a weeks worth or a months worth?

And is that worth my actual wage I was on at the time x the actual hours I would have worked or it is the minimum wage?

The other thing that I am interested in people’s opinions is a protective award for not consulting collectively. The administrators sent two letter one on the 4th Dec advising they need to see if they can get a buyer etc and then a second letter on the 14th Dec saying everyone is redundant. The company has made more than 20 redundancies so gov website says they have to consult for 30 days. What’s the chances of me putting forward my argument that I don’t think they have followed the rules? Or should I leave it since they have gone into administration? And if perhaps I do have cause who I complain direct to the administrators first? I’m going to call Acas too and I’ve asked citizens advice but just curious if anybody else has had similar experience and what they did.

Thanks in advance.

Comments

  • superbigal36
    superbigal36 Posts: 734 Forumite
    First Post Name Dropper First Anniversary Combo Breaker
    edited 21 December 2017 at 2:12PM
    You will only get statutory via the RP1 claim

    If the facts are as you supply them then yes you would win a protective award of 90 days gross pay at a tribunal.
    The Administrators do not care that technically they have broken the law. Their task is to do what they can to best keep the company going. They will not defend the undefendable at a tribunal.
    When it comes to cashing in, the 90 days award would be reduced to the Govt capped 8 weeks maximum minus any weeks you get as part of the redundancy. I think any benefits paid is also deducted.
    So in effect it could well be financially a good thing for people with under 8 years service who qualify for redundancy.
    It is advisable to get all of you together and get just one of you to apply to the ET
    In my day it was free so it didn't really matter.
    I got the award and it was extended to 23 other people.
    I was showered in "presents" as no-one had actually even realised I had applied :beer:
  • lincroft1710
    lincroft1710 Posts: 17,640 Forumite
    Photogenic Name Dropper First Anniversary First Post
    I always understood that with less than 2 years service there was no entitlement to redundancy payments
    If you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales
  • You will only get statutory via the RP1 claim

    If the facts are as you supply them then yes you would win a protective award of 90 days gross pay at a tribunal.
    The Administrators do not care that technically they have broken the law. Their task is to do what they can to best keep the company going. They will not defend the undefendable at a tribunal.
    When it comes to cashing in, the 90 days award would be reduced to the Govt capped 8 weeks maximum minus any weeks you get as part of the redundancy. I think any benefits paid is also deducted.
    So in effect it could well be financially a good thing for people with under 8 years service who qualify for redundancy.
    It is advisable to get all of you together and get just one of you to apply to the ET
    In my day it was free so it didn't really matter.
    I got the award and it was extended to 23 other people.
    I was showered in "presents" as no-one had actually even realised I had applied :beer:

    Employment tribunals ARE free...
  • Energize wrote: »
    Employment tribunals ARE free...


    Not what I understood.
    Employment tribunal fees were introduced by the coalition government in July 2013. Charges started at £160 for issuing a claim for lost wages or breach of contract and increased if the case was heard in a tribunal. More serious claims, including unfair dismissal, came with a fee of £250 plus a hearing fee of £950.
  • I always understood that with less than 2 years service there was no entitlement to redundancy payments

    I agree my quote was more "general"

    So in effect it could well be financially a good thing for people with under 8 years service who qualify for redundancy.
  • Not what I understood.
    Employment tribunal fees were introduced by the coalition government in July 2013. Charges started at £160 for issuing a claim for lost wages or breach of contract and increased if the case was heard in a tribunal. More serious claims, including unfair dismissal, came with a fee of £250 plus a hearing fee of £950.

    All true. But.... http://www.bbc.co.uk/news/uk-40727400
    I was a board guide here for many years, but have now resigned. Amicably, but I think it reflects very poorly on MSE that I have not even received an acknowledgement of my resignation! Poor show, MSE.

    This signature was changed on 6.4.22. This is an experiment to see if anyone from MSE picks up on this comment.
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