Redundancy help and toil

shauniebabe

Hi, to top a rubbish year the other half has had an email and phonecall today from her company director to say that they are closing the branch of car rental that she works in on the 31st of august and that she needs to make all staff aware including herself.

She started the job in January and since then has amassed 48 hours plus a lieu day, and 14 days holiday. My query is whether she must get paid for these hours and how much notice she requires. She's requesting a copy of her contract but the lieu days and hours are not something she has been able to avoid because of working out of hours and staff shortages therefor I do not see why they could refuse to pay the hours.

Thanks in advance for any replies.

Jarndyce

She will only get paid for the amassed hours if there is an agreement in place, contractual or otherwise, which requires the employer to pay for those hours. It is not clear from your post whether that is the case.

If all that has happened is that she has worked unpaid overtime on some sort of loose and unwritten understanding that she might be paid or get time off, then I'm afraid she may not be entitled to any payment/holiday for that time.

She should be paid for untaken contractual holiday (ie her annual allowance) up to the point of her termination but she could be asked to take some of it before that date.

She is only entitled to one week's notice unless her contract specifies more.

shauniebabe

Thanks.

It's ridiculous, she has over 100 hours that she has had to work to cover bookings out of working hours so has had no choice whether she worked the hours or not. Every hour worked has cost her petrol and time.

She's received an email from the manager to say she will get paid for them so I will advise her to print it off and keep a copy aswell as photocopying the diary. There's more bookings between now and then especially for the bank holiday that I'm wary letting her work if she won't get paid.

getmore4less

What notice is she on?

If a 4weeks/month then there will be plenty of time to take the TOIL during notice after the branch has closed.

shauniebabe

8 days notice. There are more hours outside of normal working hours to be added on to this week as it's peak season and the bank holiday. The branch has only 4 staff 2 of which run the counter so it's impossible to take hours back before the closure.

I'm also intregiued as to whether a consultancy period should of been given as over the whole company between 15-22 jobs are going.

shauniebabe

also can they recruit outside the company for a new position at a nearby office when making staff redundant?

The job is a sales manager role they are advertising rather than branch manager.

getmore4less

If there is another job going that would be potentialy sutitable just get on with applying


Have they been given termination letters yet?

shauniebabe

No termination letters just an email saying they are closing the branch the last day will be the 31st and for her to tell the other 3 staff members.

He didn't even turn up and tell them. Just email and phone.

getmore4less

Looks like they have not been given notice yet that their employment is terminated.

Did the email include termination notice

shauniebabe

From reading the email sent it's more an email saying the branch is closing on the 31st august and she had to inform staff.

They say in the email that it's because the branch has been unsuccessful as a whole, however id dispute this as it's profitable and increasing in business month on month and this has never been a problem before. They have also cut staff all over the company because they have money problems.

In her offer of employment it states if the branch is unsuccesful there will be a job for her in head office. Just have to see what happens now.

She feels worse because 5 weeks ago she recruited a friend in the same line of work as staff from a secure job at her bosses behest.

Jarndyce

shauniebabe wrote: »

From reading the email sent it's more an email saying the branch is closing on the 31st august and she had to inform staff.

They say in the email that it's because the branch has been unsuccessful as a whole, however id dispute this as it's profitable and increasing in business month on month and this has never been a problem before. They have also cut staff all over the company because they have money problems.

In her offer of employment it states if the branch is unsuccesful there will be a job for her in head office. Just have to see what happens now.

She feels worse because 5 weeks ago she recruited a friend in the same line of work as staff from a secure job at her bosses behest.

Whether or not the branch is successful is irrelevant. If the employer wants to reorganise and close it that is up to them, providing they treat the staff lawfully.

It sounds like she has not actually been made redundant, but it also sounds like this employer needs to get its act together pretty sharpish and tell staff exactly what the implications of the branch closure are for each of them individually.

Your OH needs to email back the manager quoting the passage in her offer letter and politely asking what exactly happens to her after 31 August. She needs to be a bit careful as she has not been there 12 months and so could be dismissed without comeback at any time, but if they bothered to put that in an offer letter presumably they mean it, so she needs to find out what will happen.