Employment Law - Any experts?

steve700

Hi, Hope somebody on here can advise.

I'm about to be made redundant and was given my redundancy pay figure today, however it did NOT take in to account Standby Cover that I have done for about the last 10 years.

This would equal about 40% of my salary so a substantial amount not to be paid, but because I will be TUPEd for the second time at the end of June, it is based on my Terms & Conditions from my original employer.

My current company is suggesting that they don't need to pay it, and my original employer (Company A) is saying that it's not their concern, and each redundancy is dealt with individually.

I know other people that worked for Company A who had Standby included in their redundancy, and also people that had standby paid as part of their redundancy whilst working for the 2nd company (after the 1st TUPE).

Can anybody advise on what action I can/should take?

Thanks

Gemmzie

Hi Steve, you're probably best off asking on this board...
http://forums.moneysavingexpert.com/forumdisplay.html?f=141

Hope someone can help you

WorkingHardDFW

I'm afraid your original T&C's will apply - is stand by cover included in them.

Its the requirement of your current company to pay the redundancy correctly but they must apply the T&C (at the time) of your original company which TUPE'd over with you?

Key question for me would be is stand by cover included in the T&C's which applied to you when you transferred as being used as part of the red cals?

Hope that makes some sense.

If you are not getting any answers. Do you have union support? Alternatively I would raise a grievance about the issue to seek clarification.

steve700

Gemmzie wrote: »

Hi Steve, you're probably best off asking on this board...
http://forums.moneysavingexpert.com/forumdisplay.html?f=141

Hope someone can help you

Thanks Gemmzie - I did look at the other boards but hadn't drilled down this far:D

steve700

WorkingHardDFW wrote: »

I'm afraid your original T&C's will apply - is stand by cover included in them.

Alternatively I would raise a grievance about the issue to seek clarification.

Thanks WorkingHardDFW.

The problem is that I started with Company A in '86, started doing Standby/Callout in about '98, TUPEd once in 2000 and again now. I have never had a physical contract that shows it as part of a redundancy payment because I never had a new contract when I first went on Standby. The fact that others have received it should surely set a precedent that I can fight with....

No, I'm not in any union as such but I have advised my employer that I will take legal advice if they refuse to pay it.

I'm waiting to hear back from my employer after their conversation with Company A but I just want to be prepared in case I have to battle;)

Cheers

poorandindenial

It is worth getting in touch with ACAS for a bit of advice.

Billy_two_speakers

steve700 wrote: »

Hi, Hope somebody on here can advise.

I'm about to be made redundant and was given my redundancy pay figure today, however it did NOT take in to account Standby Cover that I have done for about the last 10 years.

This would equal about 40% of my salary so a substantial amount not to be paid, but because I will be TUPEd for the second time at the end of June, it is based on my Terms & Conditions from my original employer.

My current company is suggesting that they don't need to pay it, and my original employer (Company A) is saying that it's not their concern, and each redundancy is dealt with individually.

I know other people that worked for Company A who had Standby included in their redundancy, and also people that had standby paid as part of their redundancy whilst working for the 2nd company (after the 1st TUPE).

Can anybody advise on what action I can/should take?

Thanks

standby cover is often not covered in redundancy and pension calculatiions.
Have you a pension with this company if its been taken into account when they work out how much they pay towards your pension it should count for redundancy too
bottom line will be your contract with company

by the way the MAXIMUM weekly wage for calculations is £330 a week

see here
http://www.berr.gov.uk/employment/employment-legislation/employment-guidance/page33157.html

Numpty_Monkey

A couple of links

Used to be the DTI now called BERR
http://www.berr.gov.uk/employment/redundancy/index.html

and ACAS
http://www.acas.org.uk/index.aspx?articleid=1461

hope they are of some use:A

steve700

Thanks - They have now agreed that it should be included, which means more for me, and more for the taxman..........!!

Cheers