Redundancy dispute and going to ACAS......any advice or tips

Molly56

Currently in a position where employer is refusing to pay the lump sum redundancy payment due to employee .....is claiming that business is insolvent but know that it is not....assets in business would cover redundancy payment and sole trader so not limited to assets in business.....just that he doesn’t want to pay. 

Letter sent to employer raising issues and explaining options but waiting for his reply....requested this be in writing. Explained if not agreed our next steps would be contacting ACAS for dispute resolution and potential employment tribunal so clearly stated our position....hoping he may reconsider his position so this won’t be necessary but could go either way. 

Has anyone used ACAS for a redundancy dispute and if so what advice or tips would you give. 

How does the process work....my thoughts are it would be easier to explain via email rather than verbal questions / answers over phone so we can cover all relevant points in one document ....have got initial online form to fill in but not yet looked at in detail (looked at first page but not subsequent ones yet as need to complete first to move on to next...assume I can do this as practice as long as I don’t hit final submit button ) .....any advice from someone who has used service would be appreciated. 

nicechap

Molly56 said:

Currently in a position where employer is refusing to pay the lump sum redundancy payment due to employee .....is claiming that business is insolvent but know that it is not....assets in business would cover redundancy payment and sole trader so not limited to assets in business.....just that he doesn’t want to pay. 

Letter sent to employer raising issues and explaining options but waiting for his reply....requested this be in writing. Explained if not agreed our next steps would be contacting ACAS for dispute resolution and potential employment tribunal so clearly stated our position....hoping he may reconsider his position so this won’t be necessary but could go either way. 

Has anyone used ACAS for a redundancy dispute and if so what advice or tips would you give. 

How does the process work....my thoughts are it would be easier to explain via email rather than verbal questions / answers over phone so we can cover all relevant points in one document ....have got initial online form to fill in but not yet looked at in detail (looked at first page but not subsequent ones yet as need to complete first to move on to next...assume I can do this as practice as long as I don’t hit final submit button ) .....any advice from someone who has used service would be appreciated. 

Were you the company accountant? How do you know the Financial & legal structure of the employer and whether assets are owned and not rented or leased by the company?

ACAS can only help if both parties want to mediate/ find a compromise, e.g. are you willing to settle for a proportion of your owed redundancy? You can certainly email things to them beforehand but as they (rarely) have first hand knowledge of your industry and won't really understand the circumstances of leaving will want to talk (usually by phone) to you before they contact your employer to see if there is agreement anywhere.

Edited to add:  I see you have lots of other threads about your husband's dispute, its usually helpful to contributors to have all the relevant information in one thread.

MalMonroe

I have used Acas (they don't use capitals any more) when I took an employer to Employment Tribunal a couple of years ago. They are a mediation service and do not take sides. 

However, they can and do advise what you can do, and how you can resolve issues like yours and what action to take if you can't. Why not phone them, it's so easy and it's free. Even if you have to spell everything out and spend half an hour on the phone, it's well worth the time spent.   Here is their link : https://www.acas.org.uk/contact

I found them really very helpful. There's no need to fill in a form, just write down the main points, you can even use what you've written here, so you have it to hand when you phone. It really is the very best way to deal with Acas. 

Don't be scared! You are not in the wrong here. 

Molly56

MalMonroe said:

I have used Acas (they don't use capitals any more) when I took an employer to Employment Tribunal a couple of years ago. They are a mediation service and do not take sides. 

However, they can and do advise what you can do, and how you can resolve issues like yours and what action to take if you can't. Why not phone them, it's so easy and it's free. Even if you have to spell everything out and spend half an hour on the phone, it's well worth the time spent.   Here is their link : https://www.acas.org.uk/contact

I found them really very helpful. There's no need to fill in a form, just write down the main points, you can even use what you've written here, so you have it to hand when you phone. It really is the very best way to deal with Acas. 

Don't be scared! You are not in the wrong here. 

Thanks for the useful reply......did try phoning ACAS helpline a couple of weeks ago but didn’t even make it to a queue before it rang off so am thinking filling in the online form will at least get the case on the system....will check full form out early next week. 

Will also make some brief notes so that if and when we get to speak to an advisor can give them a potted version of events to date. Am assuming they will be in touch with us first before making contact with other side so can at least get some initial advice on where we stand and what potential next steps are......and that at any point we can decide whether we want them to contact employer or not. 

Expect they are inundated with enquiries due to Covid so best to get on the system as no idea how long process will take. Have been holding off contacting them until we get full picture of where we stand after consultation and notice of redundancy but pretty clear it is not going to be straightforward given what we know but think time is now right to get advice we need and so be prepared. 

Am aware there are time limits regarding disputes over redundancy (six months and a day I think) but am assuming that is from actual date of termination of employment not the date that notice was given, is this correct?

Masomnia

If I were you I'd initiate the claim process. This stops the clock on the time limit anyway. 

You'll have a conciliator appointed and I think it's a good idea that you give them a brief version of events of what the claim is about, and you will then be able to email them with all the relevant details.

Set out in the email your start date, end date, salary, your calculations for what you're owed, and they'll put it to the other side.

Masomnia

Unless you're still employed, in which case I'd keep pushing for the money for now. When your employment terminates if they're still saying they won't pay then start the process then.

thebrexitunicorn

Masomnia said:

If I were you I'd initiate the claim process. This stops the clock on the time limit anyway. 

The clock won’t be stopped while the employment is ongoing.  By all means speak with the Acas helpline now, but I’d suggest waiting until the employment ends before you initiate early conciliation.