Help for a relative

tco03

Told a relative i would find out what i can, i know this is the best place for advice.

She was made redundant from a small family business last week without warning and just told to go home and the accountant will sort out payments....

she is now in limbo and has no idea what she is entitled to.

how many weeks pay should she expect (worked 5 years) and any kind of compensation?

I dont think the company is in any kind of financial trouble, just shedding the none family workers since its gone quiet.

Need the facts really so she can get what shes owed.

Any help appreciated.

agrinnall

How much she'll get depends on how old she is. There is a redundancy calculator here http://www.direct.gov.uk/en/Employment/RedundancyAndLeavingYourJob/Redundancy/DG_10029836

getmore4less

Minimum notice is 5 weeks they still need to be paying this.

Then there is accrued but unpaid holidays

Then redundacy.

tco03

from what iv been told it seems they are trying to get out of paying the notice period and just laying her off and paying redundancy.

Surely this isnt legal?

bobthedambuilder

No it's not legal. She is entitled to:

Notice, i.e. she works for the 5 weeks notice due to her because she's worked for 5 years (one week per year up to 12 years),

Or pay in lieu of notice - the employer can end the employment contract with no notice, however they must give the employee payment for all of the pay they would have received during the notice period. This covers basic pay and may include other matters such as the equivalent amount of pension contribution or private health care insurance,

Holiday pay in lieu (although they may to try to roll this up with the notice pay)

Redundancy (see link on previous post).

If the contract of employment requires notice to be given in writing, and she hasn't been given this, the employer is in breach of contract, and being sent home does not constitute the start of the notice period.