Help and guidance needed please

philandsj

My colleague and I received a phone call on 30.12.24 to say our shop was closing and we were being made redundant, letter then arrived by email also on 30.12.24 with redundancy package.

I queried package offered as I believed the amount should be based on the average of 12 weeks pay prior to redundancy notice date. This was during the Christmas period so we were working longer hours (I work in retail) and the package offered was our basic 30hr week. I was told that they only had to use our basic 30hrs. Again I queried this as I believed even with using the basic hrs they should add in any overtime that was regular and part of our job. I was advised that overtime is voluntary and could be refused. I disagreed with that as the shop I work in has normal working time of 9.30-5 (5.30 fri,sat) and at Christmas it goes up to 9-9(6 on sat) and we are given no extra staff to cover extra opening hours. I mentioned that we did ask for a Christmas temp a couple of years ago but were refused. I also explained that I had worked 7 Christmases and my colleague 11 and we’d never been advised that the overtime was voluntary. We knew we had to do it as part of working in retail.  I was then advised that “I only do the wages, I don’t know about any of that” and was told to get something in writing. Please note we don’t have any written job contracts.

Overtime

We do overtime at the following times:-

If I am on holiday for a week, I work one day to give the other girl a day off.

If the other girl is on holiday I cover her shifts

Christmas, the lead up to Mother’s Day and the end of June all have extended shop hours which we are expected to cover.

This year (up to week 41) my colleague and I have worked 21 weeks with overtime and 20 weeks basic.

Last year was the same, with 27 weeks of overtime and 25 basic.

We sometimes are advised by our area manager that the shop will stay open til 8 on that particular day, that can happen with only a couple of hours notice and we’re expected to work it.

Please can anyone help me with this? Am I wrong in my thinking or do I have a case? I live in Northern Ireland.

Many thanks

 

 

LeafGreen

I'm no expert but think you do have a case.  You could send them this link https://www.gov.uk/redundancy-your-rights/redundancy-pay which does include the statement "Your weekly pay is the average you earned per week over the 12 weeks before the day you got your redundancy notice."  I'd have thought that would include the overtime etc.