My contract has expired but my employer won't recognise redundancy 22 April 2021 at 8:40PM in Redundancy & redundancy planning 3 replies 372 views

Hervness

I have worked fulltime for my employer for 6 years.  Due to financial difficulties due to Covid19 I agreed to a temporary 50% paycut for 6 months and she gave me a temporary contract to work at home which expired 2 weeks ago. (The contract says that should I be made redundant I will have to work 3 months notice on full pay of my previous salary).   She wants to renew the contract on the exact same 50% paycut terms but I can't afford to accept it and wont agree to the renewal.   I have asked to be made redundant but she just ignores me.   She is continuing to pay me at the low salary (I'm paid weekly) and won't respond.   Can I force her to make me redundant?     (The nature of my job means that its very difficult for me to just suddenly down tools and stop working as there are other people who's livelihoods depend on me, so working my 3 months notice is important).     Please help!?

lincroft1710

I presume even though on a 50% pay cut, you are still being paid no less than current NLW/NMW rates.


As there is work for you to do, there is not a redundancy situation. The unfortunate aspect is that you have agreed to a 50% pay cut (albeit temporarily), so it can be argued that this is now the going rate for the job. 

As you are probably not in a union I would suggest you either contact ACAS or an employment lawyer (some do offer a free consultation) 

Thrugelmir

I'd speak to an employment solicitor.  Your employer seems to be attempting to cleverly box you in. I'd be going for constructive dismissal possibly. As your employer would appear to be hoping that you simply resign. 

getmore4less

Agreed to 50% which is the level where you can't force a redundancy.

Temp fixed term contract should have had a return to full salary after Xmonths clause in it.

if it did not then I suspect it just carries on and as end date has passed is now just the notice period.