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can OR take redundancy money

We are almost at discharge, our ad date is 01-10-09 and were so proud of ourselves for paying for everything and getting back on track and now my partner has been 'selected' to fight for his job :( He's been given a week to explain why he's worth keeping and his contract states that even though he's been there over 2 years they can get away with giving 2 weeks notice. I'm so scared as we have no savings, no credit and no family. If he is made redundant they are only offering 1 months salary plus £700, can the OR take this?

Comments

  • I wouldn't think the OR would have an interest in your redundancy pay. One reason you receive redundancy pay is to give you a bit more time to find another job, in that case it acts as your regular salary. This is because sometimes redundancy can happen at such short notice. It would be like the OR taking your monthly salary. If you have an IPO or such the OR like to see a little of your payout. But i don't think they would leave you in a bad position, where you couldn't afford to live, especially not until your otherhalf gets more employment.

    Speak to your OR he/she is the best one to ask.
  • tigerfeet2006
    tigerfeet2006 Posts: 14,030 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Yes they can take redundancy money. If I remember rightly you get to keep the basic pay and anything over and above that ie: holiday pay then that goes to the OR.

    I am sure someone will correct me if I am wrong.
    BSCno.87
    The only stupid question is an unasked one
    Loving life as a Kernow Hippy
  • Thanks, I'm hoping that's not the case as with them only having to give 2 weeks notice, we'll literally be left with 2 weeks money to live on until finding another job/benefits with a baby :(
  • Does anyone know differently ?
  • skylight
    skylight Posts: 10,720 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Home Insurance Hacker!
    Any lump sum the OR is interested in. Whether or not they take it is another matter as it is only a small sum really.

    Also, he wont get JSA until the end of the redundancy period which I think here is 1 month - but that will need checking out (try the benefits board but be forewarned that they are a hard bunch!)

    Do you rent or on mortgage? If renting then call your council tomorrow or visit them to pick up the housing benefit (LHA) and council tax benefit forms and get them completed and ready just in case as they will only pay from when the form is handed in and rarely backdate. If he is made redundant then he needs to call DWP and make an appointment straight away. Once he has made that appointment then phone tax credits and tell them that he has lost his job but has put in a claim for JSA today, that will change too (you get the maximum allowed for your family if on JSA, so the faster you get that in the pipeline the better).

    I hope he is one of the few who stay though.
  • Thanks Sklylight :) We rent and as were were already on a low income we are getting a bit if hb help, so hopefully as we're already in the pipeline that wouldn't take ages. The main problem is I've only just gone back to restart my business, so I'm self-employed but bringing in virtually no money so we were existing on his wages. I don't know whether to throw in the towel if he's made redundant as I think we'd be better off if we were both unemployed :confused:
  • debtinfo
    debtinfo Posts: 7,012 Forumite
    Hi the OR will not take the money from the notice period but will take anything over this
    Hi, im Debtinfo, i am an ex insolvency examiner and over the years have personally dealt with thousands of bankruptcy cases.
    Please note that any views i put forth are not those of my former employer The Insolvency Service and do not constitute professional advice, you should always seek professional advice before entering insolvency proceedings.
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