Redundany & Final Salary

claire121

Hi everyone,
I am new on here and looking for some advice.
I have recently found out I am being made redundant from my job of 2 years. My "finish" date is 31st December. The company have been very nasty to me since telling me and I have had no support whatsoever, I have been asking for a reference for the past 3 weeks and I still havent got it. Anyway, we always get paid in the middle of December (usually we get paid on around 25th) so we have our wages before Christmas. The company have told me today that they are going to pay just me on the 31st December. I think this is VERY unfair as I was banking on my wages to buy Christmas presents. Can they do that?
Also, I have a company car and they want me to return it on the 30th December. Which seems fine - HOWEVER....I like in North Scotland and they want me to return it to London. They are going to pay my flight home but its more than a 9 hour drive for me and I think thats totally unacceptable especially over Christmas/New Year. Again, can they make me do that??? I am so upset. Its bad enough being made redundant over Christmas but now I have all the added worry. I fear I am being held to ransom in that they will pay me ONLY when I make the hideous journey (alone) and return the car.
Any advice would be great or just kind words!!!!!

bijouinnuendo

Hiya hubby being made redundant on 31st too. He is getting normal pay in December (should be 25th but paid on 18th this year). Then being paid redundancy on 31st as a separate amount. Think they've got a bit of a cheek about the car but if you are travelling in their time think they can ask you to do this. Certainly would not be doing it in my own time.

Bijou

Emmzi

I'm guessing its a small company or they'd have a national car agreement that meant they could pick up from wherever? That bit seems unreasonable to me. Where was the car delivered from originally?

Paying on last business day of month - fine, nothing you can do about it.

claire121

Ok...so...I dropped the car back today on the agreement by my Managing Director I would be paid the same day as everyone else on Friday. I have just been informed that they have changed their mind and will now pay me on the 31st December. So, they took the car,laptop, phone etc back and have not stuck to the agreement.
On top of that, when I started at the company 2 years ago, I was given a "float" in cheque form for £300. Which I signed for.
My boss has now told me he is deducting £600 from my salary as he gave me £300 in cash "in the back of a taxi" when we were in London. This NEVER happened. I am thinking he took the £300 out of his company bank account and said it was for me and pocketed it, thinking he would never have to account for it. I never had this money and I never signed for any extra money. He is now threatening me and being verbally abusive.
Should I seek legal advice??? I havent slept for a week and I am close to a breakdown with all the stress!!!!
HELP!!!!

sjcollett

Hi, I just posted this advice elsewhere but it may help - if you have home insurance and the family cover then you have access to a free legal helpine on this. you can then talk to a solicitor to get advice on this. hope this helps. try and keep calm i know this is stressful but you need to try and focus on getting the money you;re owed and getting your next job.

cappy1501

This sounds really awful Claire! Do you have access to a solicitor? The other poster has suggested via a home insurance, but also check your bank accounts (some cover solicitor fees), or sign up with Which - small fee and unlimited access to a lawyer (they've helped me!!!) or speak to a citizens advisory bureau. Also, if you're expected to sign a compromise agreement the firm will have to pay a fixed fee for this, and if the allowance is high enough, you can ask the lawyer for additional advice. Just make sure you read up on your rights as soon as possible. Also, read the SoSad's thread - there is lots of info already posted there.

Good luck and keep strong!!!!!! All the best :-)

claire121

Thanks for all your advice. I am going to see a solicitor this afternoon.

I have another question. I received a letter about my redundancy and at no time was I given a face-to-face meeting or consultation. Even though there is only myself being made redundant, should I have been entitled to that? I offered (verbally over the phone) to take a 30% pay cut for next year in order to keep my job but it wasnt even commented on. I feel I havent had my say at all and whilst there are no other jobs within the company that I would be able to do, i could have worked part-time or for less money but I wasnt given the opportunity. I got a letter and that was it. My boss didnt even have the decency to meet me when I returned the car. Instead, he sent an engineer to meet me instead. Any advice would be great.
Thank you again.

aj2703

Emmzi wrote: »

Paying on last business day of month - fine, nothing you can do about it.

Is it, i would have thought it would depend on what your contracted date is. As for redundancy between the pay date and redundancy day that should be a seperate payment shouldn't it..?

Emmzi

I reas it that normal payday is LBDM and as a favour they pay Dec early - but that won't be in the contract, so isn't enforceable. (That's been the case every place I have worked)

If official last day is 31st Dec, then redundancy isn't payable before that.

I'd get a formal letter in about the extra £300 asking for supporting documentation confirming when it was handed over as"I cannot recall this happening." and "I would appreciate this before taking further legal advice"

longhauladdict

I would refer to your contract of employment in reference to floats, and raise a grievance stating that you have not signed for this money. They are obliged to deal with your grievance whether or not you are being made redundant.

Also, not sure if you have already returned the car but has a payment been calculated for the loss of benefits (the car for the duration of your notice period?) They need to give you a cash equivalent for any loss of benefits if they offer a cash car allowance they need to give this to you...
I woluld speak to ACAS if I was you xx

NJW69

You really should be paid as normal. If you are not being made redundant until the 31st then nothing should change until then They cannot deduct money for something for which they have no agreement. Are you being paid your notice period? Have the consulted with you about your redundancy i.e. written to tell you that you were at risk of redundancy their proposals, offered you a 1-2-1 meeting, taken into consideration your views and then after 30 days of consultation told you of the outcome of the consultation? Do seek advice from ACAS.