Employer wants to backdate redundancy date

Crazy_Diamond

The company I work for has been struggling to win contracts this year and my employer has made me aware of this but has not explicitly stated I would need to be made redundant as we were still waiting to hear back on some bids. 

However last week she called me to say she would need to make me redundant. Because I had been at the company almost 20 years I was expecting the statutory 12 weeks notice however she said that she wanted to backdate my redundancy notice 12 weeks because she was not aware of this and the company would not have the money to cover this and my statutory redundancy pay.
As an alternative she offered to put me on a zero hours contract.

Am I correct in assuming that I am entitled to this payment by law and she has no right to backdate my redundancy notice?  I assume if the company can't pay it they need to apply for liquidation and I need to apply to the redundancy payments service?

I still have not received anything in writing regarding my end date so would redundancy run from when I was informed on the phone?

Brie

Redundancy, as I understand it, must start from when you are informed.  They can't back date it else every company would do that.  (as in "notice?  yes that started 3 months back but we didn't tell you!!")

I would suggest you print off anything that you have about this.  Emails, text messages, any other documents, to keep handy.  Have a diary where you add info like phone calls - who called whom, date, time, discussion.  

They will say they don't have the money of course but if others are still on the payroll and being paid then obviously they do have some money.  

You don't need to accept a zero hour contract particularly if it's going to affect other benefits you normally receive.  If you refuse it they might say you're fired but that's when you say you'll take them to a tribunal for unlawful dismissal.  Your alternative might be to tell them you will accept 12 weeks pay in lieu of notice, plus your redundancy payout and that to help the business you will then be willing to be on a zero hour contract while you look for other employment.  

Talk to your union if you have one or business organisation or citizen's advice.  Check if you have legal cover on your house/car insurance and see if they can help.  

LeafGreen

How big is the company and what is the position of the person telling you these things?

Crazy_Diamond

Director.  I am the sole employee.  There were originally more employees but they gradually left over the years and were not replaced.

Brie

so if you are the only employee who is telling you about the redundancy.  Sorry this has stopped making sense to me.

Crazy_Diamond

My boss, who is the director of the company

Hoenir

Company Directors should be aware of their legal responsibilities. Where knowledge is lacking seek professional advice. Treat the telephone call as notification of your impending redundancy. Though ask for written confirmation by letter. Before deciding on your next course of action.