Trying to avoid redundancy?

Lip_Stick

Hi all

I got laid off from work just over 3 weeks ago. I received a letter the other day asking me to go into work on Tuesday. This will be 4 weeks since my last working day, as written on my P45. Now a collegue got laid off a week before me, and she had to go into work last Tuesday, again, 4 weeks since she got laid off.

They want her to go in for her normal working day (around 5.5 hrs, works 16hrs a week normally) but work are going to pay her 9 hrs. I've a feeling I'll get asked to do the same.

What could be the reason why they're asking people to go into work, and pay what would be, just over half their normal week? It sounds like a one off. Do you think it's to try get out of redundancy payments just yet?

ceridwen

The first thing here is that if people are being paid for fewer hours than they are actually working - then it may well be the case that they were receiving less than National Minimum Wage level per hour.

Think NMW is basically £5.93 per hour now? Can anyone confirm this is the exact figure please?

So - your colleague needs to divide her wages received this week by the number of hours worked. If she is working her normal 16 hours - then she does:

16 x £5.93 per hour = £94.88

ie she has to be paid at least £94.88 of her normal wages or the employer is breaking the law by paying less than NMW.

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My second thought is whether your colleague/yourself if need be could raise a grievance about being underpaid in comparison to the normal agreed wages for the job concerned.

Sambucus_Nigra

ceridwen wrote: »

The first thing here is that if people are being paid for fewer hours than they are actually working - then it may well be the case that they were receiving less than National Minimum Wage level per hour.

Think NMW is basically £5.93 per hour now? Can anyone confirm this is the exact figure please?

So - your colleague needs to divide her wages received this week by the number of hours worked. If she is working her normal 16 hours - then she does:

16 x £5.93 per hour = £94.88

ie she has to be paid at least £94.88 of her normal wages or the employer is breaking the law by paying less than NMW.

********************************

My second thought is whether your colleague/yourself if need be could raise a grievance about being underpaid in comparison to the normal agreed wages for the job concerned.

She said she is working 5 hours but being PAID for 9.

If she isn't working there any more - how can she raise a grievance?

OP - call them up and ask them...if you are not employed by them any more then you aren't employed by them any more.

ceridwen

O.P.'s wording was a bit unclear - and it would be useful if she could come back and clarify.

I have replied to what I think she actually MEANT - rather than the form of words used.

Sambucus_Nigra

ceridwen wrote: »

I have replied to what I think she actually MEANT - rather than the form of words used.

I find using the words helps quite alot myself.

She got laid off 4 weeks ago, and has her P45....so does not work there anymore.

Her words were:

They want her to go in for her normal working day (around 5.5 hrs, works 16hrs a week normally) but work are going to pay her 9 hrs.

getmore4less

Looks like they are trying to avoid the right to claim redundancy.

http://www.direct.gov.uk/en/Employment/Understandingyourworkstatus/Temporarylayoff/DG_10037790


don't forget

http://www.direct.gov.uk/en/Employment/Understandingyourworkstatus/Temporarylayoff/DG_177591

Lip_Stick

Sorry for the delay in replying. Thanks for taking the time to reply.

In a nutshell, I got temporarily laid off, with a view that things at work will improve early next year.

As for the other issue, staff are being asked to come in and work for just more than half their working week, or at least have it written on paper that they're getting paid that. I'm just wondering why as my bosses are not exactly the generous sort and only do something if there is something in it for them. Work are timing the meetings to discuss this 4 weeks exactly after being laid off. I know that after 4 weeks of not being paid you can ask for redundancy so I believe these meetings are to prevent that, but as I've said, I'm just wondering what's in it for them for staff to work for more than half a week, for one week only?

Lip_Stick

getmore4less wrote: »

Looks like they are trying to avoid the right to claim redundancy.

http://www.direct.gov.uk/en/Employment/Understandingyourworkstatus/Temporarylayoff/DG_10037790


don't forget

http://www.direct.gov.uk/en/Employment/Understandingyourworkstatus/Temporarylayoff/DG_177591

I think so too, as this meeting will be timed on the 4th week of not being paid. But, I can also claim for redundancy if I haven't been paid for 6 weeks out of 13, so getting us in for the one half week doesn't make much sense if we can still claim in a couple of weeks after that.