redundancy help pls

minimoto

I've just been made redundant, found out yesterday morning at 8.30 am.

I'm the only employee in a manual role and have worked there since June 2010. I dont really understand how the process works as havent had this before, but the way my boss is going about it doesnt seem right.

I was handed a letter by his wife saying they were 'regretably' closing, that i would be paid weekly, as usual for the next 4 weeks, but i had to be available for work. The letter also states I will receive one weeks holiday pay with the last weeks wage if i adhere to the availability, and carry out any work as requested.

Thing is i'm owed 2 weeks holiday anyway, I cant take any other jobs (if i find any!!) because I have to be 'available' nor can i sign on. It seems he wants to have his cake and eat it.

Can anyone shed any light on whether this is standard practice or if i can decline?

Jarndyce

What is your contractual notice? You could decline on the basis that you give them the required notice - they would still be obliged to pay you the outstsnading leave.

Otherwise, they could require you to take leave during the next four weeks if they don't expect you to work every day.

What you do I suppose depends how easy you would find it to obtain a new job.

minimoto

Contractual notice is 1 month, so as i see it either way he has to pay me 4 weeks, plus 2 weeks holiday?

Everyone i spoke to said i should sign on straight away, but i'm not going to be able to work if i'm still 'available' for him. Part of me thinks i should tell him where to go as i think even though he's winding down the business me working is a way to line his pockets before hand. There was no warning either, he organised the chrismas party with some subcontractors on monday!!

McKneff

[QUOTE=minimoto;49149287]lus 2 weeks holiday?
Contractual notice is 1 month, so as i see it either way he has to pay me 4 weeks, pus 2 weeks holiday pay.
Everyone i spoke to said i should sign on straight away, but i'm not going to be able to work if i'm still 'available' for him. Part of me thinks i should tell him where to go as i think even though he's winding down the business me working is a way to line his pockets before hand. There was no warning either, he organised the chrismas party with some subcontractors on monday!![/QUOTE]

The bold part is correct.

If you are being paid for the 4 weeks you are not required to 'sign on' until this four week period is at an end. You are still employed by him until then so if he is paying you its only fair that you work for him if he needs you. He's not 'lining his pockets' he is employing yu and paying you so is making no more money than he has for all the time you have worked for him.

Dont tell him to 'do one' and leave because your JSA will be sanctioned and then you get nothing for up to (i think) up to 28 weeks.

Have a look at the ACAS site, for clarification.

minimoto

I appreciate that thanks Mckeff, so he does need to pay me 2 weeks hols.

I know he is lining his pockets as had told suppliers and the owner of the property we work from on monday he would not be able to pay them (before he told me) and all the works that i am required to do between now and xmas are friends of his, one of whom has told me he has been asked to pay cash or cheque to the owners wife name, not the company. This one job alone is paying twice as much as he will pay me in wages, i did the pricing up.

His wife also said she is paying my wage, in cash, and there will be no wage slips.

While i was packing up my things the accountant turned up and advised the wife that there was 6 month NI and Tax outstanding, so even if i do try to sign on I cant be certain they will pay this.

McKneff

They must pay you any accrued holidays.

You are entitled to a payslip or a breakdown of how your wages are formed.

Dont worry about him lining his pockets or anything else thats called enterprise and really is none of your concern, concentrate on what is relevant to you and you only. Dont worry about the tax and NI, that's the employers problem and wont affect you. As long as you have the proof that you paid it.

Give ACAS a ring, hopefully you have kept all your wage slips, at the end of your employment you are entitled to a P45. Keep this filed for future reference.

I'm no expert but more people will be along later on to help with employment law.

minimoto

Thanks again.

Unfortunately I cant help but be concerned as i've lost my job 3 weeks before christmas and have a family to support!!

I have payslips, but like i said the owners wife told me i wont be getting them from monday, only cash from her *if* i do the work requested of me. I've phoned and asked about a P45 and they said their accountant will look into it... looks doubtful!

McKneff

The only thing you can do is look hard for another job whilst on notice.
If you find another job, within your notice period they will have to pay you up to the last working day before you start another one.

When you get this cash, once its in your hand, tell them you want your P45 to include this cash payment for tax purposes.

If you get another job, a P45 isnt necessary to hand on, you just fill in a P46 and your tax should be sorted by your new employer.