Ex Employer Refusing To Pay Statutory Redundacy Money

SurferDan

Hi
First post but I we desperatley need some advice.
My partner was recently made redundant by a multi national company but they are refusing to pay redundancy money out on the basis that she refused a "suitable offer of alternate employment"

The facts are these:-
The day before my partners notice period expired I took a phone message from the employer stating that "there was the possibility of a suitable job but the details had yet to be confirmed,when they were they would phone again with the details" There were no further phone calls prior to the expiry of my partners notice.

Two days after the notice expired a phone call from the now ex employer gave details about the job. When asked if they would take the job my partner replied that as the notice period had expired they were under no obligation to take it.

The details were confirmed by letter which arrived 3 days after the notice expired (the letter is actually dated the day the notice period expired) and in a 2nd phone call later that day my partner again turned the job down for the reason given above
The letter also stated that my partners notice period had been extended to allow for a trial period.

After a bit of research I have come up with the following:-

An offer of suitable alternate employment must be made prior to the end of the notice period,preferably in writing and in sufficient detail ie days, times,location,pay for the employee to make their assessment of if the job is suitable.

The phone call the day before the notice period expired certainly did not contain enough information merely the "possibility" of a job.
A letter written the day the notice period expired is certainly not going to get there in time

I don't believe that the employer can unilaterally extend the notice period on the basis that they think the job is a suitable alternative.

My partner had no contact from the employer for a considerable time until the day before the notice period expired. They say that they tried to contact and leave messages but we can prove that they didn't.
Additionally the ex employer didn't think it necessary to write to my partner stating that they wouldn't pay and why until we wrote to them and asked when it would be paid
If they are good at one thing it is wasting time.

We believe that this a last ditch rear guard action by the ex employer to avoid paying out what is a fairly significant sum of money to my partner.

Any advice / opinions / sources of assistance greatly appreciated

Thanks

1984ReturnsForReal_2

This is one to check out at ACAS.


You cant inform someone their notice has extended after their notice has expired.

SurferDan

Thanks for that, same as I thought but I am sure they will try and argue that because the letter was dated the day the notice period expired then it was ok.
Part way through this situation We started saving all the envelopes that the letters from them came in. I wish I had kept that one because if the postmark shows it was posted the day after the notice period expired (as I suspect it was) they really are dead in the water.

Cheers

1984ReturnsForReal_2

The date of the letter should do it.

Ring ACAS first thing monday.

Dont go on what I say but I am sure they will say the same especially if your other half wasnt verbally told of the extension beforehand.

LittleVoice

SurferDan wrote: »

Hi
They say that they tried to contact and leave messages but we can prove that they didn't.

It's difficult to prove a negative. What proof do you think you have?

However, a letter dated on the day the notice expired and no proof of what they may have said in a telephone call with you, not her, prior to that date seems on your side in this.

If it weren't for the expiry of the notice period, does she think the job could have been suitable?

getmore4less

My understanding,

As long as there is proper notice then you are OK. Withdrawall of notice has to be by mutual agreement and you don't need to give any reason why you don't accept the withdrawall by the employer, it is the point they commit to the termination of employment with no going back.

You do have "termination by reason of redundancy" in writing?.

Suitable alternative employment is irrelevent once the termination notice has been given.( maybe someone has reference that shows this to be wrong and overules the normal notice rules)

Talk to ACAS.

SurferDan

Thanks for your responses
To Little Voice
"It's difficult to prove a negative. What proof do you think you have?" - What proof do we have of what?

To GetMore4Less
My partners notice has not been withdrawn they attempted to extend it to accomodate the suitable alternative employment. We have a comprehensive file of all correspondence dates of phone calls and other evidence to back our position.

Thanks

LittleVoice

SurferDan wrote: »

Thanks for your responses
To Little Voice
"It's difficult to prove a negative. What proof do you think you have?" - What proof do we have of what?

I quoted you. I'll spell it out again "They say that they tried to contact and leave messages but we can prove that they didn't".

"They didn't" is negative, isn't it? So what proof do you have they didn't try to contact and leave messages?

zzzLazyDaisy

An employer has a legal duty to look for alternative employment and to offer it to the employee as an alternative to redundancy. If the offer is 'suitable alternative employment' and the employee unreasonably refuses the new post, then the employer can refuse to pay redundancy pay. Whether the alternative work is 'suitable' depends on a number of factors, but if the employee refuses the alternative work without fair consideration, a tribunal will often rule against the employee. The offer may be made verbally or in writing, and must be made before the employment ends (ie it can be made during the notice period).

From what you say, it sounds like your wife was not at work during her notice period? Are you sure she was actually still on her notice, and hadn't been given a payment in lieu of notice? This is an important distinction because staying at home for the duration of the notice period is garden leave, the employee continues to be paid through the payroll in the normal way, and the employment terminates on the last day of the notice period. Payment in lieu of notice means that the employment terminates on the last day of work, and the notice pay is given in a lump sum.

TBH a sensible employer would have written to her outlining the new position and called her in for a meeting to discuss it. But as long as the offer was made while she was still within her notice period, she did have an obligation to at least hear them out before refusing it.

Her fall back position would be that, having had the full details of the offer, and having now had chance to consider it, she has decided it is not suitable for reasons x y z. We would need some information about her old job and the new one, to be able to discuss this point.

You will find a brief outline explaining about 'suitable alternative employment' here

http://www.netlawman.co.uk/info/redundancy-alternative-employment.php

NOTE: I am a retired employment lawyer, the above comments are my own opinion and are not intended as legal advice. You can get free specialist employment advice from ACAS.

SurferDan

To Little Voice
We have a list of incoming phone calls to our home number that shows the number of times they attempted to contact us. Only 2 x prior to the expiry of the notice period. We haven't got an answering machine we don't have the 1572 messsaging facility,my partner doesn't have a mobile phone and doesn't have an email address so how did they leave any messages.The only way is if one of us answers the phone but that would show up on the list of incoming calls and it doesn't.

Thanks

SurferDan

To zzzLazyDaisy
Absoloutely sure have it in writing my partner was on 12 weeks notice. The employer offered a few alternative jobs but we have it in writing that they admit these jobs should never have been offered.
As per my original post the "possibility of a job without any details of the job even the day before the notice period expired is not enough information for my partner to make an informed decision.

Thanks