My Company have told me the money I received on Furlough is my Statutory Redundancy Pay !

prowla

Of course, were it somehow to be found out by HMRC that the employer was doing this, then their claim for reimbursement of the furlough money would be rejected...

GoCo

Bungle5393 said:

The anniversary is important because SRP is based on complete years length of service. In your example, you would actually only be paid for 2 years SRP because you have worked there 2.8 years. It's frustrating I know, but unfortunately that's how it works.

What your employer is proposing is illegal, there are very clear statutes around this. Furlough money can be used to pay your contractual notice (we'll not debate the morals of this one!), but the employer has to pay your SRP separately.

Also, how many people are being made redundant in your workplace? Have they followed any kind of Consultaton process ie telling you were 'at risk' and then completing a series of meetings, either with each person individually or with group representatives?

Thank you for your advice.
I have received my Final Furlough payment Today and I will be contacting my Employer to ask for my SRP and Holiday Pay.

I was the only 1 made redundant - lucky me my Employer just got rid of everyone else under 2 years service.

They did NO Consultation process with me or anyone else at all. Just got an e-mail one morning saying please find attached your Redundancy Letter.

GoCo

mummamia42 said:

Were you ever put under consultation of redundancy ? Or did you just get told you’re being made redundant? Redundancy has to follow a process. Your furlough money is still your earnings. You have to be told your under consultation. Then be told you’re being made redundant. After this  you then  receive your statutory Redundancy pay, your payment in lieu of notice and Any holiday pay due. They cannot just tell you your jobs gone and cease paying you. If your employer doesn’t have funds for redundancy because they go into administration there is a government scheme which you can apply to and the government will pay your redundancy. Join in with your colleagues and collectively Write back to your employer stating their obligations  

I was never put under consultation for redundancy.
I was the only person made redundant and they just got rid of all the staff with under 2 years service.
I just received an e-mail one morning saying please find attached your redundancy letter.

Thank you for your advice.

I shall be asking my Employer (or Ex-Employer now) for my SRP and Holiday Pay and payment in lieu of notice seeing as my P45 says my leaving date is 31/07/2020 and also ask for unfair dismissal as they did not do any consultation for the Redundancy with me.

GoCo

prowla said:

Of course, were it somehow to be found out by HMRC that the employer was doing this, then their claim for reimbursement of the furlough money would be rejected...

Yes - I thought the HMRC would not be Happy about this. I did phone the HMRC - the phone line says all information about Furlough is on our Website - Goodbye. 

There is no information about what my Ex-Company is doing with the Furlough.
Furlough is Furlough.
Furlough is NOT Statutory Redundancy Pay.

GoCo

I will put another post up when I hear back from my Company after asking them for SRP & my Holiday pay & pay in lieu of notice and I will tell them they did not do the Redundancy process consultation properly - well there was NO consultation at all and I will sue for unfair dismissal.

jon81uk

You were given notice though, so I don't think you are due pay in lieu of notice. It is holiday pay and SRP you are owed.

superbigal

GoCo said:

mummamia42 said:

Were you ever put under consultation of redundancy ? Or did you just get told you’re being made redundant? Redundancy has to follow a process. Your furlough money is still your earnings. You have to be told your under consultation. Then be told you’re being made redundant. After this  you then  receive your statutory Redundancy pay, your payment in lieu of notice and Any holiday pay due. They cannot just tell you your jobs gone and cease paying you. If your employer doesn’t have funds for redundancy because they go into administration there is a government scheme which you can apply to and the government will pay your redundancy. Join in with your colleagues and collectively Write back to your employer stating their obligations  

I was never put under consultation for redundancy.
I was the only person made redundant and they just got rid of all the staff with under 2 years service.
I just received an e-mail one morning saying please find attached your redundancy letter.

Thank you for your advice.

I shall be asking my Employer (or Ex-Employer now) for my SRP and Holiday Pay and payment in lieu of notice seeing as my P45 says my leaving date is 31/07/2020 and also ask for unfair dismissal as they did not do any consultation for the Redundancy with me.

Consultation is only really a thing for 20+ redundancies
https://www.gov.uk/redundancy-your-rights/consultation#:~:text=There's%20no%20time%20limit%20for,before%20any%20dismissals%20take%20effect

GoCo

jon81uk said:

You were given notice though, so I don't think you are due pay in lieu of notice. It is holiday pay and SRP you are owed.

Ok - yes - I do agree with you.
It is just a bit confusing as I was made redundant on 02/06/2020 but the date on my P45 is 31/07/2020.

GoCo

superbigal said:

GoCo said:

mummamia42 said:

Were you ever put under consultation of redundancy ? Or did you just get told you’re being made redundant? Redundancy has to follow a process. Your furlough money is still your earnings. You have to be told your under consultation. Then be told you’re being made redundant. After this  you then  receive your statutory Redundancy pay, your payment in lieu of notice and Any holiday pay due. They cannot just tell you your jobs gone and cease paying you. If your employer doesn’t have funds for redundancy because they go into administration there is a government scheme which you can apply to and the government will pay your redundancy. Join in with your colleagues and collectively Write back to your employer stating their obligations  

I was never put under consultation for redundancy.
I was the only person made redundant and they just got rid of all the staff with under 2 years service.
I just received an e-mail one morning saying please find attached your redundancy letter.

Thank you for your advice.

I shall be asking my Employer (or Ex-Employer now) for my SRP and Holiday Pay and payment in lieu of notice seeing as my P45 says my leaving date is 31/07/2020 and also ask for unfair dismissal as they did not do any consultation for the Redundancy with me.

Consultation is only really a thing for 20+ redundancies
https://www.gov.uk/redundancy-your-rights/consultation#:~:text=There's%20no%20time%20limit%20for,before%20any%20dismissals%20take%20effect

Yes - I was told that Redundancy Consultations  were not applicable to me as I was the only 1 made redundant but someone else told me it was applicable.
I do believe it is NOT applicable to me. 
I will just ask for SRP and Holiday Pay.

Thank you for for advice.

sharpe106

What reason did they give for not paying SRP? Also for the notice period were you paid your normal rate or the furlough rate?