Help Redundancy Looming and dont know what I will be entitled to

mazza1985

Hi

Sorry to hear you are being made redundant!

First of all, get your wifes ESA changed to income based, you can then be added to her claim. Because she is on middle rate care for DLA you will also be able to claim carers allowance whilst you are not working.

Make sure that you wife is getting the severe disability enhancement on her ESA as she should be if she is getting middle rate.

Put in a claim for council tax benefit.

If you can change your mrgage to interest only. When the interest payment from income support kicks in it will then hopefully cover your mortgage.

Ring working tax credits/child tax credits up and put in a claim as you will probably be entitled to something from that too.

Remember when doing an SOA to send to debt agencies to subtract your wifes DLA (if you put in on there) as that is not classed as disposable income.

Good luck!

FrayKay

Thank you all so much for your replies. Sorry it has taken so long for me to reply but the last month has disappeared.

My last day at work was 7th September and I got a months lieu of notice. I phoned the Jobcentre on the 8th to organise benefit and things has gone dreadfully wrong since then. 4 weeks on and I still havent had any payment from the Jobcentre. I have signed on twice and phoned them 5 times just to be told it is still being processed. I keep being told different things about the type of claim that it is. Could anyone explain what I should be getting? JSA CB or IB or should it be joint with my wifes ESA CB?

On the plus side my wifes DLA has been increased to HRM as the advice shop appealed it for her. But she is still waiting for her ESA appeal although we now have a date for the 23/10/09. Finally we will get that sorted.

My son who has been diagnosed with aspergers has also been awarded DLA at MRC and LRM.

I need to know what I should be getting to make sure the JCP are giving me the right thing as they seem to all give differnt advice. I need the letter from them before Council Tax and Childrens Tax Credits can be changed.

Any ideas? I am totally confused. Hopefully something will come from 1 of the 29 job applications I sent last week.

Cheers
Fray

notlongnow_2

Fraykay, I am in the same situation as your original post. Only, my workplace doesnt make redundancies. They will try to offer me another post within the trust and if I turn it down then basically, I will have left of my own accord which I believe would make it difficult to claim jobseekers allowance. But the new post could be absolutely anything on any hours they chose, anywhere within approx a 20mile radius, which I cant do.

Just wanted to let you know that you arent alone and I wish you the very best with your situation.

FrayKay

Thanks Notlongnow, I hope that they can offer you a suitable position. Its nice to know that I am not the only one but I am sorry that you have been put in this kind of position.

Hope it works out, let me know how it goes.

Fray.

[Deleted User]

notlongnow wrote: »

Fraykay, I am in the same situation as your original post. Only, my workplace doesnt make redundancies. They will try to offer me another post within the trust and if I turn it down then basically, I will have left of my own accord which I believe would make it difficult to claim jobseekers allowance. But the new post could be absolutely anything on any hours they chose, anywhere within approx a 20mile radius, which I cant do.

Just wanted to let you know that you arent alone and I wish you the very best with your situation.

I'm not sure that's entirely correct - you are describing 'constructive dismissal', which is unlawful.

A company has very few options when it wants to get rid of an employee. It can either fire you (if you've been bad) or make you redundant (if they've been bad). It can't force you into a totally different job and then say 'well, there's no role here for you anymore otherwise'.

That's constructive dismissal, and it's against the law.

http://www.direct.gov.uk/en/Employment/RedundancyAndLeavingYourJob/Dismissal/DG_10026696

notlongnow_2

Deleted_User wrote: »

I'm not sure that's entirely correct - you are describing 'constructive dismissal', which is unlawful.

A company has very few options when it wants to get rid of an employee. It can either fire you (if you've been bad) or make you redundant (if they've been bad). It can't force you into a totally different job and then say 'well, there's no role here for you anymore otherwise'.

That's constructive dismissal, and it's against the law.

http://www.direct.gov.uk/en/Employment/RedundancyAndLeavingYourJob/Dismissal/DG_10026696

I really hope that you are right. My situation is that we went to tender and a private company 'bought' us. They are to provide a similar service but they are recruting their own staff. We have no option to Tupe over and the new companies plans dont include my job!

The carp big big manager has said that she is under no obligation to offer us a different position but will 'try her hardest'. When we asked her what would happen if we couldnt/didnt want the different job offer, what would happen then, we were told that because she has offered us another role, if we turn it down of our own accord, then basically...tough!

The trust has a no redundancy policy.

The Unions are onto them and I just hope they can sort something as without my job we will lose the house. But I am also in limbo as I dont want to find a job I hate and leave now just to ensure the mortgage is paid and then for the trust to have found me a suitable job after all.

[Deleted User]

I'm pretty sure on this one, that they can't act like that.

http://www.direct.gov.uk/en/Employment/RedundancyAndLeavingYourJob/Dismissal/DG_10026696

In your contract you are employed for a particular job, but most contracts require you to perform 'other tasks' depending on the needs of the company. This doesn't extend, however, to you being asked to perform a completely different job.

A company has no obligation to provide you with a different position, but they are NOT allowed just to remove your role from beneath your feet and then force you to accept another role. THAT = constructive dismissal and is definitely unlawful.

You say that "the trust has a no redundancy policy", but that doesn't mean very much. If you haven't breached your contract then they can't fire you. So, they need to continue employing you or else make you redundant. They can't force you into a totally different job, so stick to your guns!

I would recommend making an appointment with the Citizens' Advice Bureau about this, as I'm pretty sure I'm right on this one, having looked into making a constructive dismissal claim previously.

That's what redundancy is for - redundant roles. It's there to protect employees against exactly the sort of behaviour your employer is engaging in!

notlongnow_2

Deleted_User wrote: »

I'm pretty sure on this one, that they can't act like that.

http://www.direct.gov.uk/en/Employment/RedundancyAndLeavingYourJob/Dismissal/DG_10026696

In your contract you are employed for a particular job, but most contracts require you to perform 'other tasks' depending on the needs of the company. This doesn't extend, however, to you being asked to perform a completely different job.

A company has no obligation to provide you with a different position, but they are NOT allowed just to remove your role from beneath your feet and then force you to accept another role. THAT = constructive dismissal and is definitely unlawful.

You say that "the trust has a no redundancy policy", but that doesn't mean very much. If you haven't breached your contract then they can't fire you. So, they need to continue employing you or else make you redundant. They can't force you into a totally different job, so stick to your guns!

I would recommend making an appointment with the Citizens' Advice Bureau about this, as I'm pretty sure I'm right on this one, having looked into making a constructive dismissal claim previously.

That's what redundancy is for - redundant roles. It's there to protect employees against exactly the sort of behaviour your employer is engaging in!

Your post has been very helpful to me and I appreciate it a lot. It has made me feel that there is some light at the end of the tunnel. I have been with them for nearly 8years and if they pay redundancy then at least it will give me some breathing space until I could find something else if what they offer me is rubbish.....lol..

I will print off the link you gave me and show the others that this involves at our workplace. BTW I work for the NHS so for anyone who also joined the NHS for a 'job for life'...please be careful, no job is safe.

Thankyou.

[Deleted User]

I was surprised when you said it was the NHS...I would have thought that their redundancy policy was pretty watertight.

Definitely go and speak to the Citizens Advice Bureau and tell them exactly what you told us.

It's important to note that taking action for Constructive Dismissal is likely to lead to a somewhat hollow victory, however, as the remedy for constructive dismissal is a restitutionary one: i.e. the company would be compelled to put you back in the position had you not left. There's unlikely to be any compensatory damages, so the best you're going to get is whatever the redundancy package was.

Still, it's better than your current situation so definitely worth looking into.

FrayKay

Hi,
Thanks for all your help. I just thought I would let you know that they have sorted my claim out and put me onto my wifes esa claim after I rang them for the 6th time to enquire as to what was happening with my claim for JSA. I wouldnt have known about this if it wasnt for Mazza 1985, so thank you .

I have now been signing on since 8th September though and havent had any kind of payment or letter stating that I have any kind of benefit and Council Tax and CTC cant process the claims until I receive a letter telling me what I am entitled to.

Glad to say that our mortage provider has been very helpful and has changed us to interest only but said they could lower the payments more if needed. They had very helpful and informed staff.

Thanks you all, hopefully my letter will arrive soon along with a job.
Cheers
Fray