Basic rights at work & Redundancy

CAB_Malvern_Hills_representative · 14 June 2012 at 2:10PM

This thread is for people wanting to start getting help with their rights at work and when facing redundancy. Some of your rights are based on laws passed by Parliament, and other rights you have will depend on the contract you’ve got with your employer.

Our advisers from Malvern Hills CAB are here to help you with your individual questions. Post your queries to this thread and a CAB representative will aim to answer your question within 2 working days.

If you’re already receiving support and advice from your local CAB, then please continue your discussion with them rather than post on this board.

Please also see the MSE post about this service and the collaboration between MSE and Citizens Advice Bureau.

numberpuppy · 17 June 2012 at 10:27AM

Hello,
I have just been informed at work i will no longer be able to claim expenses to and from work, i do a 90 mile round trip, My contract says My base is the local office which has been closed for several years now. i am now expected to travel to head office and pay for this myself which will mean my income will decrease by about £200 a month, I work 3 days a week so this would be a quarter of my total income, which i can not afford.

They have asked me to sign a contrct that states i am head office based.

I need to know if i should sign this new contract and where i stand with not getting the expenses anymore, i had nothing in writing but have 8 years of expense payments in writing to confirm I have been getting this.
What is the best course of action for me please?

CAB_Malvern_Hills_representative · 19 June 2012 at 12:43PM

numberpuppy wrote: »

Hello,
I have just been informed at work i will no longer be able to claim expenses to and from work, i do a 90 mile round trip, My contract says My base is the local office which has been closed for several years now. i am now expected to travel to head office and pay for this myself which will mean my income will decrease by about £200 a month, I work 3 days a week so this would be a quarter of my total income, which i can not afford.

They have asked me to sign a contrct that states i am head office based.

I need to know if i should sign this new contract and where i stand with not getting the expenses anymore, i had nothing in writing but have 8 years of expense payments in writing to confirm I have been getting this.
What is the best course of action for me please?

HI NumberPuppy

This a common employment issue and is about changes to your Employment contract. There is a very good factsheet on the CAB Adviceguide website that covers this situation and what action you can take to resolve it. Follow the link below to get at it. Please read it carefully. If you need help from your local CAB to compose a grievence then the site also has a search facility so you can locate your nearest CAB

http://www.adviceguide.org.uk/england/work_e/work_factsheets.htm

mrsjanebanbury2009 · 19 June 2012 at 1:15PM

Hi
I work for a (very) small company which I think is quite possible may cease trading in the the next few months due to lack of funds. I have worked there for more than 18 years the last 13 of which I have worked 30 hours a week (before that I was full time). If the company ceases trading there will not be enough money to pay me redundancy. My husband is (just) a higher rate taxpayer. What are my rights if any with regards to redundancy payments, and what would I need to do to claim these? Also, would I be entitled to any benefits if I was not immediately able to get another job?
Many thanks for any advice you can give me.

spicetee · 19 June 2012 at 7:04PM

I have been working in Customer Services for the past 8 months; recently new staff were brought in and through chatting with them it has come to light that they are being paid more than I am for doing exactly the same job - even during their training & probation periods. I spoke to my Team Leader and he has said that we will all be on equal pay when I receive a pay rise in July. I dont think this is fair as they will still have worked for 3 or more months earning may than me. Is this legal? What if anything can I do about this?

CAB_Malvern_Hills_representative · 20 June 2012 at 1:22PM

mrsjanebanbury2009 wrote: »

Hi
I work for a (very) small company which I think is quite possible may cease trading in the the next few months due to lack of funds. I have worked there for more than 18 years the last 13 of which I have worked 30 hours a week (before that I was full time). If the company ceases trading there will not be enough money to pay me redundancy. My husband is (just) a higher rate taxpayer. What are my rights if any with regards to redundancy payments, and what would I need to do to claim these? Also, would I be entitled to any benefits if I was not immediately able to get another job?
Many thanks for any advice you can give me.

HI

If your employer does cease to trade as you predict then this would effectively be a redundancy situation if the firm closes down and there is no work for you to do. Statutory redundancy pay is paid up to a maximum of 20 years service ( but your contract might give you additional entitlements) You would also be entitled to notice.

If the firm cannot afford to pay you redundancy pay it is possible to claim it from the National Insurance Fund depending on whether the firm has simply ceased trading or whether your employer has gone out of business (is insolvent).

This is explained on the CAB website adviceguide www.adviceguide.org.uk Go to Work - Work comes to an end - redundancy pay - claiming redundancy pay if your employer has stopped trading.

The item will also give you an indication of what possible benefits you could claim if you are subsequently out of work. It may be possible to claim contribution based Job Seekers Allowance. Other means tested benefits depend upon you and your partners savings and income.

CAB_Malvern_Hills_representative · 20 June 2012 at 1:54PM

spicetee wrote: »

I have been working in Customer Services for the past 8 months; recently new staff were brought in and through chatting with them it has come to light that they are being paid more than I am for doing exactly the same job - even during their training & probation periods. I spoke to my Team Leader and he has said that we will all be on equal pay when I receive a pay rise in July. I dont think this is fair as they will still have worked for 3 or more months earning may than me. Is this legal? What if anything can I do about this?

HI

In general the rules about equal pay under the Equality Act 2010 mean that men and women doing equal work or work rated as of equal value are entitled to equal pay.

See the ACAs website www.acas.org.uk advice and guidance-equality for more information. If you have different genders doing the same work or work of equal value then they must be paid the same but these issues are complex and if you think this is a problem you need to get advice in person from your local CAB or other independent advice agency.

The Cab website adviceguide www.adviceguide.org.uk has a search facility so you can find your local CAB. You could raise a grievance with your employer in order to resolve this issue ( whether or not there is an equal pay issue that could be resolved under the legislation )

mrsjanebanbury2009 · 21 June 2012 at 12:49PM

CAB_Malvern_Hills_representative wrote: »

HI

If your employer does cease to trade as you predict then this would effectively be a redundancy situation if the firm closes down and there is no work for you to do. Statutory redundancy pay is paid up to a maximum of 20 years service ( but your contract might give you additional entitlements) You would also be entitled to notice.

If the firm cannot afford to pay you redundancy pay it is possible to claim it from the National Insurance Fund depending on whether the firm has simply ceased trading or whether your employer has gone out of business (is insolvent).

The item will also give you an indication of what possible benefits you could claim if you are subsequently out of work. It may be possible to claim contribution based Job Seekers Allowance. Other means tested benefits depend upon you and your partners savings and income.

Thanks for that, very useful, I'll check that out.

Leah-WW · 22 June 2012 at 8:25PM

Hello.

I have worked for a small company, in an accounts role since January 2010. I have recently been signed off work by my Dr with work-related stress and have since resigned from my post (my last day of employment will be in mid-July). Today was the first payday since the start of my sickness, and I believe that I haven't been paid what I am entitled to.

My sickness days unfortunately coincided with pre-booked holiday and the Jubilee Bank Holiday. The timeline is as follows:
28May12 - at work
29May12 - self-certified sick day; cold virus
30May12 to 05Jun12 - holiday (3 days) + Bank Holiday weekend (4 days).
NB. I notified the office that if I had not had pre-booked holiday I would have been well enough to return to work on 31May12, hence the period of sickness below is a separate case.
06Jun12 to 10Jun12 - self-certified sickness; stress
11Jun12 to present - certified sickness via GP note; stress.

My contract states that I am entitled to:
1) statutory sick pay
2) company sick pay, which is (in the first 12 weeks of sickness) my normal salary less any SSP & benefits entitlement (I am not entitled to any benefits).

I believe that I have only been paid the SSP element since the first day of my certified sickness, and not my normal salary entitlement on top as stated in my contract.

My contract also states in relation to company sick pay that it is payable "at the company's absolute discretion", and I believe at this stage that it may have been witheld in this case on a technicality, since I received a letter during my sickness stating that I had not abided by the contract clause to telephone in to report my sickness each day - I had texted instead as my sickness is due to a grievance I have against my managers, with whom I would have had to speak if telephoning to report sickness (I have not made the grievance official as I felt it would only add to my stress). The letter did not state that any action would be taken in relation to this (i.e. witholding company sick pay or otherwise). I have texted the office to report sickness in the past (a day here or there for the usual colds etc.) and I have always received company sick pay with no complaint having ever been raised with me, even informally. Also I texted to report my sickness with a cold on 29May and appear to have been paid company sick pay for those days (full salary, no SSP payable as it was just 2 days). I am unsure if they can take this action (witholding company sick pay since 11Jun) now when they have made a precedent of inaction in the past?

CAB_Malvern_Hills_representative · 25 June 2012 at 1:08PM

Leah-WW wrote: »

Hello.

I have worked for a small company, in an accounts role since January 2010. I have recently been signed off work by my Dr with work-related stress and have since resigned from my post (my last day of employment will be in mid-July). Today was the first payday since the start of my sickness, and I believe that I haven't been paid what I am entitled to.

My sickness days unfortunately coincided with pre-booked holiday and the Jubilee Bank Holiday. The timeline is as follows:
28May12 - at work
29May12 - self-certified sick day; cold virus
30May12 to 05Jun12 - holiday (3 days) + Bank Holiday weekend (4 days).
NB. I notified the office that if I had not had pre-booked holiday I would have been well enough to return to work on 31May12, hence the period of sickness below is a separate case.
06Jun12 to 10Jun12 - self-certified sickness; stress
11Jun12 to present - certified sickness via GP note; stress.

My contract states that I am entitled to:
1) statutory sick pay
2) company sick pay, which is (in the first 12 weeks of sickness) my normal salary less any SSP & benefits entitlement (I am not entitled to any benefits).

I believe that I have only been paid the SSP element since the first day of my certified sickness, and not my normal salary entitlement on top as stated in my contract.

My contract also states in relation to company sick pay that it is payable "at the company's absolute discretion", and I believe at this stage that it may have been witheld in this case on a technicality, since I received a letter during my sickness stating that I had not abided by the contract clause to telephone in to report my sickness each day - I had texted instead as my sickness is due to a grievance I have against my managers, with whom I would have had to speak if telephoning to report sickness (I have not made the grievance official as I felt it would only add to my stress). The letter did not state that any action would be taken in relation to this (i.e. witholding company sick pay or otherwise). I have texted the office to report sickness in the past (a day here or there for the usual colds etc.) and I have always received company sick pay with no complaint having ever been raised with me, even informally. Also I texted to report my sickness with a cold on 29May and appear to have been paid company sick pay for those days (full salary, no SSP payable as it was just 2 days). I am unsure if they can take this action (witholding company sick pay since 11Jun) now when they have made a precedent of inaction in the past?

HI

It could be you emplyer is acting in this way becuase you have now effectively resigned. In any event the way forward to resolve this is to take your written contract of employment into your nearest CAB and let them have a look at it in detail to examine what you rights are in this situation and the best way to resolve the matter.

The fact that you have now handed in your notice may well affect the situation because there is an issue of what they should be paying you in respect of your notice period. This will partly depend on how much notice you are required to give your employer when you as an employee wish to leave. Additionally your local CAB should also be is position to discuss the issues around your grievance with your employer and check whether you have actually been constructively dismissed, if for example the pressure you have been under has forced you to resign.

They may also be able to help negotiate with your employer in order to resolve the situation for you. You can find your local CAB via the search facility on the CAb website www.adviceguide.org.uk

kendra_olopo · 28 June 2012 at 9:56PM

My husband has a boss that hates him. eversince he was in a car crash on unpaid leave his boss phoned him up and said hewanted something doing in half an hour. At the time my husband was having a ctscan and whole body xray his boss phoned him up demanding work be done, he saidhe would do it when he got back but couldnt do it now as he was at hospital inpain and being treated , he was on unpaid sick leave at the time. From that dayon his new boss has taken a serious dislike to him. He has effectivly demotedhim but not reduced his money. Hubby says he was recruiting for the job he isdoing or supposed to be doing at the moment. He was informed of his newposition whilst on sick , by email to the whole company, no personal email. Heaslo has no job description , hes worrying he will get the boot in the next 72hours.... What a night

anyone offer any advise .

Basic rights at work & Redundancy

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