Questions about potential job loss

Anihilator

Person_one wrote: »

This is it exactly. Although after I've been gone a while I think they might be surprised about how much they're giving to outside agencies!

I'll have a look at the TUPE thing, but have spoken to ACAS and the person on the helpline seemed fairly confident that it would be a redundancy situation, the problem will be convincing my employers to fulfil their obligations! I don't have a contract and have only been there just over two years so the statutory payment wouldn't be huge but would cover my mortgage for a couple of months which wouldn't hurt!

How old are you?

How much do you think you will get? What is your weekly pay?

Person_one

Anihilator wrote: »

How old are you?

How much do you think you will get? What is your weekly pay?

I'm between 22 and 41 and my weekly pay is slightly more than the statutory limit of 380 so I presume I should get 2 weeks worth of that based on my 2 years of service as well as my actual salary up until the day I leave.

I'm not sure what happens with unused leave days, do I get paid for them or do I have to take them before I go? Also I saw that I could be entitled to 2/5 of my paid time off to search for jobs and attend interviews. If they have to be convinced that they are actually making me redundant rather that just 'terminating my contract' I'm fairly sure they won't be happy about that!

I don't want to risk my reference, I've worked hard and well for these people but I don't want to be treated unfairly either!

Anihilator

Person_one wrote: »

I'm between 22 and 41 and my weekly pay is slightly more than the statutory limit of 380 so I presume I should get 2 weeks worth of that based on my 2 years of service as well as my actual salary up until the day I leave.

I'm not sure what happens with unused leave days, do I get paid for them or do I have to take them before I go? Also I saw that I could be entitled to 2/5 of my paid time off to search for jobs and attend interviews. If they have to be convinced that they are actually making me redundant rather that just 'terminating my contract' I'm fairly sure they won't be happy about that!

I don't want to risk my reference, I've worked hard and well for these people but I don't want to be treated unfairly either!

It would be prorated if you were for example just 22 on the lower rates.
Only full years count so basically your looking at £760 redundancy payment, pay upto your leaving date and either to take or be paid for accrued holidays.

Employers are meant to allow you to look for jobs however there is no set standards re this and its upto the employee. As its a smaller firm this is likely to be a lot less help.

Person_one

Any suggestions on how to go about insisting on the £760 if they don't offer it?

Lady007

If you don't have a contract of employment it always makes things more difficult. Your employer is legally obliged to pay you your redundancy payment or you are entitled to take them to a tribunal to get it - not nice though!

As soon as discussions start - make them aware of what you know you are entitled to.

Savvy_Sue

Lady007 wrote: »

If you don't have a contract of employment it always makes things more difficult.

Not necessarily, certain things are assumed if you don't have one, and that's usually to your advantage, ie a shorter notice period than an employer might write into a contract.

Lady007 wrote: »

As soon as discussions start - make them aware of what you know you are entitled to.

That's always a good plan, if a company realises that you KNOW what the law says, they're more likely to make sure they comply than if they are either ignorant or just hoping to get away with it, IMO.

ACAS site has model contracts etc.