Not entitled to redundancy payment due to strike

Scoobydoo_1

I worked at the Jobcentre for two years on a fixed term contract. I enjoyed the job and trained and worked very hard. Needless to say I was sad to leave at the end of my contract.

I was later pleased to later learn of the high court ruling that would mean I'd be entitled to a redundancy payment and sent off an application to enable this.

I've since received a letter from the DWP stating that I “do not have sufficient service to qualify for a compensation payment”, as follows:

"You need to have at least two years continuous service to be considered for a payment under the Civil Service Compensation Scheme.

The length of service for your Fixed Term Appointment is confirmed as date to date. However, the single day you took due to industrial action has invalidated your claim."

A single days' strike action, just one month before the end of my contract, has meant that I'm apparently not entitled to a redundancy payment. In fact it also means that no union member, who was on a two-year fixed term contract and chose not to cross the picket line in support of PCS, was awarded a redundancy payment. Is anyone else in a similar position to me? Rather ironically PCS' tireless efforts for their FTA members has supported non-members (although I'm glad that other awards have been made - I find all this rather unfair).

PCS have written to me to say that they regret not having been able to secure redundancy compensation in my case and let me know that there's no mechanism to appeal against the Civil Service Compensation Scheme rules.

Does anyone know if there are any further options available to me?

getmore4less

EDIT: I have put link lower that might clear up things.

[STRIKE]Should still qualify for statutory redundancy[/STRIKE] unless the CS scheme overrides that.

I would have very good read of the scheme rules.

got a link?

one day would not break continuous service as you would have worked at least some of a week(Sat-Sat).

Andy_L

Unfortunately you have worked less than 2 years by the 1 day you went on strike.
I'm not even sure you will get statuatory as that has a 2+ years qualifing period as well
You could try appealing to PCS if they didn't make it clear what the effect of striking would be on your length of service

mariefab

During your notice period; did your employer serve you with a written 'notice of extension' requesting that you extend your contract for an extra day (to cover the strike day) and warning you that they wouldn't make a redundancy payment if you didn't comply?

scope

Why, if you were on a contract, would you strike? Surely its a temporary workplace anyway so you've got nothing to strike for?

getmore4less

Ok it helps to do some basic research when you comment(talking to self)

https://www.gov.uk/continuous-employment-what-it-is

clears it up for me, cancel previous speculation.

getmore4less

OK another angle,

What did the contract say about the term/end date?

Was it an end date or a term?

If it said 2 years then the strike days may not count(would need research) so you may have been terminated early.

If it had an end date that would be a definite date.

CFC

scope wrote: »

Why, if you were on a contract, would you strike? Surely its a temporary workplace anyway so you've got nothing to strike for?

Stupidity?

paddedjohn

Ifs a set fixed term contract then where does the redundancy come into it? you agreed to work for 2 years and you did.

getmore4less

paddedjohn wrote: »

Ifs a set fixed term contract then where does the redundancy come into it? you agreed to work for 2 years and you did.

It's the law. 2 years redundancy payments kick in non renewal is a redundancy.

Same with 2 one year contracts or 4x6 month.

paddedjohn

getmore4less wrote: »

It's the law. 2 years redundancy payments kick in non renewal is a redundancy.

Same with 2 one year contracts or 4x6 month.

Surely that just gives employers a reason to end the contract early by giving a weeks notice.