Redundancy Payout Help!

lettieletlet

Hi all,

I was made redundant on the 29th of July this year. On the 26th of August I received a payment for my 4 weeks notice period and any outstanding holiday pay. My actual redundancy payout has yet to be paid, and there is no sign of it any time soon.

I know there is no set time period for paying redundancy, but it's been a while now, and i'm really not sure where to go from here?

Do I start looking into an employment tribunal? I've also been considering taking them to an employment tribunal for unfair dismissal, as I don't think they followed procedures properly (they called us in to a meeting and told us they were making us all redundant and not to come back on Monday - this was the first we'd heard of it!)

Can anyone help me out with some advice please?

Thank you!!

BettySpofkins

Hi -

I'm not an expert but that does not sound right at all. There should at least be a "consultation period", the length of which depends on how many people they let go.

And if they didn't follow procedure there, then I wouldn't hold out much hope that they'll pay up without pressure being applied.

One question - did you sign anything, such as a Compromise Agreement, which could reduce your rights?

getmore4less

Too late for an ET for the dismisal. 3 month less a day


Should have been chasing this much sooner.

How many times have you asked them for the money?

SarEl

And too late for a tribunal on the non-payment of redundancy pay. If such a payment is due this is now a county court matter. Assuming the company still exist.

McKneff

How long did you work for the company,
Do you have any paperwork to say that you are due redundancy pay and how it is worked out.

lettieletlet

Ah pants - I didn't realise there was only a 3 month period.

I didn't sign anything as far as i'm aware!!

I've chased them repeatedly for the money, and had held off on the employment tribunal stuff as I was hoping to get the redundancy money first, I presumed if they received notice of an employment tribunal they wouldn't be very forthcoming with any cash!!

Can I just ask what period it has to be in to go to employment tribunal for the non-payment of redundancy, is that 3 months as well? Seems daft to me that there's a time limit on going to the employment tribunal over it but no time limit on paying it? But that's how life works I suppose :-)

The company does still exist.

Thanks guys.

lettieletlet

I worked for them for 4 years and a few months. In my redundancy letter it states that I am entitled to statutory redundancy pay.

Acc72

lettieletlet wrote: »

I worked for them for 4 years and a few months. In my redundancy letter it states that I am entitled to statutory redundancy pay.

I understand that if the company had "gone bust" then your Statutory Redundancy payment would be covered by the Government (National Insurance Fund I think).

As you have a redundancy letter and (presumably) a P45 then it would seem reasonable there may be a way to recover the payment either by going through a government body or by them paying you direct.

It is not fair that you would be expected to pay legal costs to recover this money (as by its name "statutory" you are entitled to this money) - this is just a guess, hopefully somebody could confirm / otherwise ?

In the meantime, please write to your employer (recorded delivery) stating that you have not received the payment as per your redundancy letter.

You need to keep a full audit trail of information.

Are there any employment law solicitors in your area who offer a free clinic / 1 hour appointment to offer advice ?