Laid off but no letter

snout71

I agreed to take voluntary redundancy with my boss,

he has very quickly pushed it through with no agreement signed and no weeks notice given (employed for 12 years so should have had 12 weeks notice, but not bothered about notice)

friday my boss paid me my week in lieu and 5.67 acrued days holiday pay, and verbally told me that as far as company and he is concerned i no longer work for the company but he wishes to employ me on an ad-hoc basis.

i have not received my redundancy pay yet, but more importantly i have not received any kind of official letter saying i have been made redundant

without a letter i am unable to sign on or anything

surely he MUST by law give me a letter, i have asked him for one and he said he will sort it but today when asked he said i dont need one, he seems to be unwilling to write one for me, he is up to something and it is worrying me greatly

please help:(

LittleVoice

snout71 wrote: »

I agreed to take voluntary redundancy with my boss,

he has very quickly pushed it through with no agreement signed and no weeks notice given (employed for 12 years so should have had 12 weeks notice, but not bothered about notice)

friday my boss paid me my week in lieu and 5.67 acrued days holiday pay, and verbally told me that as far as company and he is concerned i no longer work for the company but he wishes to employ me on an ad-hoc basis.

i have not received my redundancy pay yet, but more importantly i have not received any kind of official letter saying i have been made redundant

without a letter i am unable to sign on or anything

surely he MUST by law give me a letter, i have asked him for one and he said he will sort it but today when asked he said i dont need one, he seems to be unwilling to write one for me, he is up to something and it is worrying me greatly

please help:(

I think you can go to the Jobcentre and begin the registration process for claiming JSA. You would say that you have been made redundant and they would then contact your employer to get confirmation.

However they would also expect to see a P45: do you have one?

If you were due to receive 12 weeks notice then the Jobcentre would expect you to receive this. To simply say you are "not bothered" isn't good enough. You are expected to do your best to mitigate your losses and I would have thought that ensuring you got your due notice was part of that.

Have you actually had your employment terminated? "Laid off" is not the same as "dismissed on the grounds of redundancy". "Laid off" can mean a temporary suspension of the requirement to go into work.

Stubod

Hi there,
....you have been treated very badly. Assuming your company is still "solvent" you are entitiled to notice pay (12 weeks). You urgently need to take proffesional advise....this is illegal...you have statutory rights....

McKneff

You are entitled to 12 weeks notice or payment in lieu.
Also redundancy pay of 1 week for every full year of employment. 1.5 weeks for every year of you being over 41 years of age.

All accrued holiday pay.

And I would tell him what to do with his adhoc.
He has no respect for you and your legal entitlements. He must think you are stupid to think you wont realise that something is going on.

Show him that you are not stupid..

snout71

LittleVoice wrote: »

I think you can go to the Jobcentre and begin the registration process for claiming JSA. You would say that you have been made redundant and they would then contact your employer to get confirmation.

my employer wants me to keep working for him until shop closes on 6th june, he advised me to go to jobcentre AND continue to work for him but said it is MY risk. of course i am not that stupid and would not work and sign on. He is keeping my redundancy pay to ensure i continue to work until 6th june:(

LittleVoice wrote: »

However they would also expect to see a P45: do you have one?

Yes i do have my p45

LittleVoice wrote: »

If you were due to receive 12 weeks notice then the Jobcentre would expect you to receive this. To simply say you are "not bothered" isn't good enough. You are expected to do your best to mitigate your losses and I would have thought that ensuring you got your due notice was part of that.

the reason i said i am not fussedabout the 12 weeks notice is that he refuses to pay it, and i am not that fussed in working for the cretin any longer

LittleVoice wrote: »

Have you actually had your employment terminated? "Laid off" is not the same as "dismissed on the grounds of redundancy". "Laid off" can mean a temporary suspension of the requirement to go into work.

i am unsure, it was supposed to be redundancy but he seems to be changing the grounds and is VERY unclear on what is happening

snout71

Stubod wrote: »

Hi there,
....you have been treated very badly. Assuming your company is still "solvent" you are entitiled to notice pay (12 weeks). You urgently need to take proffesional advise....this is illegal...you have statutory rights....

yes the company is still solvent, i have an appointment with an employment specialist at my local C.A.B on wednesday

snout71

at the moment, he wants me to keep working for him whilst he pays me out of my redundancy pay weekly.

of course i dont want to do that but he is holding my redundancy hostage, so i am still working, if i walk what happens?

anamenottaken

The employer is either stupid or thinks you are.
If you have a P45 that is evidence of your dismissal as it will have a termination date.
So, as there is no evidence of your having received notice, you are owed the 12 weeks notice pay, redundancy, and payment for holiday which would have been accrued up to the time of the expiry of your 12 weeks notice.

No doubt the CAB will be able to help.

Emmzi

you've already been advised to report him, why haven't you?

snout71

report him for what though?

and to whom?

Emmzi

http://www.direct.gov.uk/en/Employment/RedundancyAndLeavingYourJob/Redundancy/DG_10029836

raise a grievance in writing describing your legal entitlement

then call ACAS

then lodge an ET

As he is in effect asking you to wprk for free this is below NMW and these people deal with that

http://payandworkrightscampaign.direct.gov.uk/index.html

he is also encouragin you to commit benefit fraud

http://www.direct.gov.uk/en/Diol1/DoItOnline/DG_4017574