Is we've no work for you anymore the same as redundancy ?

ceridwen

You DO need a letter from them explaining why you no longer have the job - and you need it promptly too. The DWP will be wanting to see a letter stating you are redundant - so its clear you are eligible for benefits - and that you didnt just resign from the job.

Good luck.

*jo_jo*

My advice would be to call Community Legal Advice on 0845 345 4345 - you can use their website to assess your entitlement to Legal Help (formerly Legal Aid) - http://www.communitylegaladvice.org.uk/

tecnobaz

Lucky for me I have walked straight into another job so thats great, however that now leaves me zero time to goto the CAB as I dont think my new employer would be to happy taking time off to fight against my last employer, so I'm going to take the following steps.

1 A formal request for all monies owed to me to be paid.
2 After 14 days if I've had no reply I will fill in a ET1 form.

NOTE : the rules at this point state that 28 days must has passed since your request/formal complaint but if your worried that the company is about to dissapear like I was they will take this in to count. TO BE SURE YOUR CLAIM DOES NOT GET RETURNED WAIT 28 DAYS.

A tribuial should rule that payment is due by my last employer and if they wont pay or cant afford to pay I should be covered under the NI fund for my redudancy payment.

Time will tell and I will contiune to post any updates.

ceridwen

Well that was lucky to get a new job so fast - hope it goes well. Sounds like you are taking the right actions.

tecnobaz

Tick tock, Now in the hands of Employment Tribunal

tecnobaz

Employment Tribunal claim claim accepted now waiting for response from passed employer.

Lucky as I found this out after making the claim

The rules state that 28 days must has passed since your request/formal complaint but if your worried that the company is about to dissapear like I was they will take this in to count.

TO BE SURE YOUR CLAIM DOES NOT GET RETURNED WAIT 28 DAYS.

tecnobaz

Ok so I won the case and the Judge ruled in my favor. I forwarded the award notice to the Redundancy payments office who have paid the Redundancy part only. Nice I supose I should count myself lucky I got something.

Outstanding from the judgement is a sum of money that is twice what I have been paid by the RPO. How do I claim that? Will I need to take my old employer to court is it worth the cost to myself when its clear that the company is broke.

All thoughts?

Thanks
Bazza

PaulLuke

Im not sure but the easiest solution would be to ask the employment tribunal how you can enforce a compensation award against your old employer.

BlueIsTheColour

Enforcement of an ET order has to go through civil court, so maybe give your local court a ring. Currently an ET has no enforcement powers.