No written contract of employment or TUPE

michael8626

Hi,

Just been made redundant after 22 years doing the same job in a salaried position.

Employed for that length of time with no written contract of employment and also for four different employers in that time. Always presumed some sort of TUPE but never any written consultation as to what was happening, only that you have a new boss/employer.

We have had a new employer for the previous 16 months and have now been made redundant. No proper consultation etc. other than you are being made redundant. I have been offered a little more than the statutory amount but I have been told I do not qualify for PILON.

Is this correct? All I want is my statutory redundancy and my 12 weeks PILON.

I have said I will seek legal advice and they have just said I need to produce a contract of employment or my previous TUPE details? I have never had any of these and was never issued with such when this current company took over 16 months ago. I hope this all makes sense.

Any advice greatly received.
Thanks!

sangie595

michael8626 wrote: »

Hi,

Just been made redundant after 22 years doing the same job in a salaried position.

Employed for that length of time with no written contract of employment and also for four different employers in that time. Always presumed some sort of TUPE but never any written consultation as to what was happening, only that you have a new boss/employer.

We have had a new employer for the previous 16 months and have now been made redundant. No proper consultation etc. other than you are being made redundant. I have been offered a little more than the statutory amount but I have been told I do not qualify for PILON.

Is this correct? All I want is my statutory redundancy and my 12 weeks PILON.

I have said I will seek legal advice and they have just said I need to produce a contract of employment or my previous TUPE details? I have never had any of these and was never issued with such when this current company took over 16 months ago. I hope this all makes sense.

Any advice greatly received.
Thanks!

Nobody is entitled to PILON. Unless the employer says otherwise, you must work your notice period.

If you are being given the correct amount of redundancy and the right notice period, that is your legal entitlement.

mr_munchem

When a redundancy takes place you must be notified in writing and be given a calculation of your statutory redundancy payment.

michael8626

sangie595 wrote: »

Nobody is entitled to PILON. Unless the employer says otherwise, you must work your notice period.

If you are being given the correct amount of redundancy and the right notice period, that is your legal entitlement.

I haven't been given the chance to work my notice, redundant with immediate effect.

michael8626

mr_munchem wrote: »

When a redundancy takes place you must be notified in writing and be given a calculation of your statutory redundancy payment.

No notification in writing.

michael8626

Where do I stand with having different employers over a 22 year period but never ever receiving any form of TUPE communication? Is my current employer in breach of employment law?

sangie595

We couldn't possibly tell. There are circumstances where TUPE doesn't apply. But it doesn't seem to be relevant - they are paying redundancy pay for your full service? You haven't said not. Have your actually asked about notice pay?

michael8626

sangie595 wrote: »

We couldn't possibly tell. There are circumstances where TUPE doesn't apply. But it doesn't seem to be relevant - they are paying redundancy pay for your full service? You haven't said not. Have your actually asked about notice pay?

Yes, they accept my full service for redundancy but have said they dont need to pay me notice pay, unless I can produce a written contract of employment or TUPE information from a previous employer that states I am entitled to it? I thought under employment law I am entitled to 12 weeks?

jobbingmusician

Does this help?

http://www.acas.org.uk/index.aspx?articleid=4096

There are two types of notice period: statutory and contractual. Statutory notice is the minimum legal notice that can be given. Employers should give the employee:

• one week's notice if the employee has been employed by the employer continuously for one month or more, but for less than two years
• two weeks' notice if the employee has been employed by the employer continuously for two years, and one additional week's notice for each further complete year of continuous employment, up to a maximum of 12 weeks. For example if an employee has worked for 5 years then they are entitled to 5 weeks' notice.

By the way, a bit of advice. I would get them to confirm in writing that they are paying you for 22 years' service, and THEN hit them with the fact they owe you the max 12 weeks. I'm hoping someone on here will have a sensible suggestion as to how you can get a written statement of your redundancy situation from them......

Are other employees in the same/similar situation? Would it be worth a joint visit to an employment laywer?

michael8626

jobbingmusician wrote: »

Does this help?

http://www.acas.org.uk/index.aspx?articleid=4096

There are two types of notice period: statutory and contractual. Statutory notice is the minimum legal notice that can be given. Employers should give the employee:

• one week's notice if the employee has been employed by the employer continuously for one month or more, but for less than two years
• two weeks' notice if the employee has been employed by the employer continuously for two years, and one additional week's notice for each further complete year of continuous employment, up to a maximum of 12 weeks. For example if an employee has worked for 5 years then they are entitled to 5 weeks' notice.

By the way, a bit of advice. I would get them to confirm in writing that they are paying you for 22 years' service, and THEN hit them with the fact they owe you the max 12 weeks. I'm hoping someone on here will have a sensible suggestion as to how you can get a written statement of your redundancy situation from them......

Are other employees in the same/similar situation? Would it be worth a joint visit to an employment laywer?

Thanks for the reply.

They have confirmed 22 years of redundancy (or rather capped at 20 years) stating I am to be paid 22.5 weeks.

They still wont acknowledge I am entitled to any form of pay in lieu of notice, even though redundant with immediate effect.

michael8626

Yes, a trip to an employment specialist is next.

If my employer won't budge, is the next step a tribunal? How long approximately does this process take please?