Redundant or resigned?

Elston

Hi

I'm new to the forum and am looking for some advice.

To cut a long story short, on 23 July 2013, I was approached by my boss of just over 5 years, 20 minutes before finishing time, and basically told there was no work for me the following week. I worked 2 days a week. I was aware that business was slack and that letters were going out to manual workers re, I assumed, short time working. Mine was a clerical position. I asked if I was being laid off and was told 'yes' but a few minutes later it was announced to the office that I was 'leaving', goodbyes were said and my departure seemed pretty much final.

I was told I would be paid up to the end of the month (July). I later emailed the company to clarify if I was being made redundant or laid off. Eventually, we agreed the amounts of SRP and Payment in Lieu of Notice plus holiday pay. I was told I would receive a letter but none came. A couple of weeks later, the day before I would have received the payment, I was asked to return as they were going to get rid of someone else instead, having realised my skills were better suited to their needs. The job would be partly what I was doing previously plus some admin work. I asked what the position would be if I decided not to return and was told that the redundancy would proceed. I was also told that they would pay me for August and received that salary on 30 August, even though I did not work during that month. I'm not sure why they did this and should really have smelt a rat I suppose.

Having considered things for a few days, I decided I could not return, due to the humiliation caused by the manner of my 'dismissal' at such short notice and also I did not feel able to go back knowing that my return would coincide with the dismissal of someone who had been a colleague for over 12 months.

I heard nothing for a couple of weeks and having contacted the company have now been told that as I decided not to return, they have taken that as my resignation. My final salary was received in August and effectively I have been deemed to have taken my remaining holidays during that month, so basically, nothing more is due to me, ie no SRP, no PILON and no holiday pay. I have of course received a salary as stated above but this leaves me some £900 short of the total amount it was agreed I would receive including SRP, PILON and holiday pay.

As I have refused an offer to return to work (for good reasons as far as I am concerned) am I no longer entitled to SRP and what my position re PILON and holiday pay?

Thanks in anticipation.

getmore4less

do you have anything in writing for any of this?

zzzLazyDaisy

It sounds to me as if you were never actually finished. In other words, you did not receive a P45, or a final severance package, or (presumably) anything in writing confirming your date of termination?

If I am right, and if you were still an employee at the time they changed their mind about making you redundant, then they were entitled to do that - right up to the day you were due to leave. If you still insisted on leaving, despite the fact that the redundancy notice had been withdraw, then yes, that would have been a resignation on your part.

It sounds like you need to clarify the situation.

Daisy

Elston

Thanks for your comments. No, I have never received anything in writing, or a P45-in fact I never even had a written contract. I think the Company have been quite shrewd and well advised by the HR Consultants they use, and zzzLazyDaisy, I think you have confirmed my own thinking really and there seems little point in pursuing this any further. It still leaves a bitter taste in the mouth because of the shabby way I was treated but I am probably well out of there and will have to put it down to experience, which, at 65, I should already have enough of !