I was made redundant last month and I think my old employer may have underpaid me red

carlsberggal

I originally started working for a company in February 2007 and this company split into two businesses in April 2009, I went with one half of the business. There was never any break in employment and I was told I didn't need a new contract.

However, when I received my Statutory Redundancy I have only been paid from April 2009 not form February 2007. Is this correct?

Many thanks in anticipation.

Jarndyce

carlsberggal wrote: »

I originally started working for a company in February 2007 and this company split into two businesses in April 2009, I went with one half of the business. There was never any break in employment and I was told I didn't need a new contract.

However, when I received my Statutory Redundancy I have only been paid from April 2009 not form February 2007. Is this correct?

Many thanks in anticipation.

It may not be correct. You will need to prove that when you "went with" your half of the business this was either a TUPE transfer or a continuing contract with the same employer, and so your continuity of service was maintained. Can you prove that?

getmore4less

Put a claim in for the full amount

when were you made redundant, there are limits on claims.

it may also effect notice.


Did they issue a p45

I don't think you would have to prove a TUPE an ET would look at the evidence on ballance

You have kept all you payslips and paperwork.

Any other evidence to show it was a split even a news article or company anouncement.

SarEl

No doubt about it - OP was told they didn't need a new contract. This can only happen if the employer is linked. So it's up to the employer to prove that service wasn't continuous and the only way of doing that would be to produce the new contract! OP doesn't have to prove anything on this one (although I agree any paperwork would be helpful) as the burden of proof is on the employer.