Advice needed on pay entitlement - can employer just stop pay in current circumstances

Molly56

Completely frustrated by complete lack of communication by employer when he came yesterday to collect coach......so much for wanting to have a face to face conversation ....he had someone with him (family member, probably there just to avoid having the conversation) and left as soon as he could saying he would call next week.

Can’t decide if he is in the acceptance phase, denial phase or just adopting the ostrich position!
Concerned that this isn’t looking good at the moment......how do you communicate with an employer that won’t communicate.....either in writing or verbally?

GDB2222

He may be waiting to hear back from the solicitor?

I don’t see any rush on your part. The longer the owner does nothing, the better for you. 

A totally unscrupulous owner might engineer a situation where your husband refuses to work, then sack him without notice or redundancy pay. You seem to be fortunate that he’s not doing that. 

Molly56

Just a quick question about when notice of redundancy is received......I understand this is deemed to take force the day after it is received by the employee to give them a chance to read it......my question is ‘what happens if the contents of the letter are incorrect such as the calculation of redundancy pay and/or notice pay’or the date of termination of employment’.......or some important facts are omitted........can the employee reject the letter on the basis that it is incorrect and ask for a replacement letter with correct details in which case the statutory notice period will start after the receipt of the corrected letter
....hope that makes sense.....

Molly56

Employer has finally agreed that redundancy is now the only option and first day of notice will be next Monday 3rd August....told verbally and not yet in writing. 

He has said that he will be sending a statement of terms of employment that my husband should sign and return.....am a bit concerned about this and think we will need to take advice depending on what it is saying...after fifteen years without one it seems strange to want one now
Our thoughts are not to sign unless in our interests as could fundamentally change implied terms of employment and may change redundancy entitlements

Any thoughts or advice appreciated 

Thrugelmir

Redundancy entitlement is laid out in law. 

Molly56

Another point......employer is entering into a lease agreement to lease the coach to a third party as the offer he had to buy the coach was less than what he was prepared to sell it for. 

Just trying to get our heads round what the implications are of this on the redundancy situation.....appears to be tying up asset rather than liquidating assets and making monies available to pay statutory redundancy payment ( which he fails/refuses to discuss)......not sure how he plans to pay redundancy pay at end of notice period as required. 
Am assuming any lease will be legally binding for a determined period and also fundamentally changes the nature of his business. Obviously he can choose what he does but may have significant impact  on redundancy situation and when my husband receives his entitlement. 

Thrugelmir

Unsure why you believe that the employer should discuss his business affairs with you. A totally seperate issue to that of the redundancy. 

Molly56

Thrugelmir said:

Unsure why you believe that the employer should discuss his business affairs with you. A totally seperate issue to that of the redundancy. 

Other than it has a direct impact on his ability to pay redundancy monies due so tend to disagree.....if he had sold the vehicle monies would have been available to pay his dues on termination of employment....if he leases it there will probably not be.

JCS1

But how he funds the redundancy payment is the owner's concern.  

Thrugelmir

Molly56 said:

Thrugelmir said:

Unsure why you believe that the employer should discuss his business affairs with you. A totally seperate issue to that of the redundancy. 

Other than it has a direct impact on his ability to pay redundancy monies due so tend to disagree.....if he had sold the vehicle monies would have been available to pay his dues on termination of employment....if he leases it there will probably not be.

If an employer becomes insolvent then employees have a right to claim unpaid wages, holiday pay, redundancy pay etc from the Government.