Basic rights at work & Redundancy

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Comments

  • Hello,

    My employer has left me in a bit of a mess. The business I was working for closed down, giving me less than a week's notice and I was effectively made redundant. I have a mobile number only and have so far been unable to get written confirmation of my redundancy and I haven't received payslips, tax rebates or a P45 since I think they stopped using accountants several months ago.

    Am I able to get a P45 issued directly from HMRC, and will I be able to claim JSA and housing benefit without any written proof of redundancy? It was a part time job (less than 16 hours per week) and I was a full time student.
    Nothing tastes as good as riding a horse feels
  • CAB_Malvern_Hills_representative
    CAB_Malvern_Hills_representative Posts: 153 Organisation Representative
    My husband has a boss that hates him. eversince he was in a car crash on unpaid leave his boss phoned him up and said hewanted something doing in half an hour. At the time my husband was having a ctscan and whole body xray his boss phoned him up demanding work be done, he saidhe would do it when he got back but couldnt do it now as he was at hospital inpain and being treated , he was on unpaid sick leave at the time. From that dayon his new boss has taken a serious dislike to him. He has effectivly demotedhim but not reduced his money. Hubby says he was recruiting for the job he isdoing or supposed to be doing at the moment. He was informed of his newposition whilst on sick , by email to the whole company, no personal email. Heaslo has no job description , hes worrying he will get the boot in the next 72hours.... What a night :( anyone offer any advise .

    HI

    Your husband does indeed seem to have a serious problem with his employer. It may be that his actions amount to bullying and certainly appear to breach a term implied into all employment contracts namely that employers must treat all employees with appropriate care and respect . see CAB adviceguide website www.adviceguide.org.uk section under work and contracts of employment for more info on implied terms.

    The ACAS website has informtion on how issues in respect of bullying can be dealt with. www.acas.org.uk.

    Assuming he wishes to stay in the job ( or isn't dismissed shortly ) then the section under resolving problems at Work on the adviceguide website should be helpful to him. If he gets dismissed then you need to visit your local CAB for further help on your rights.
    Official CAB Representative
    I am an official representative of CAB. MSE has given permission for me to post in response to questions on the CAB Board. You can see my name on the companies with permission to post list. If you believe I’ve broken any rules please report my post to forumteam@moneysavingexpert.com as usual"
  • CAB_Malvern_Hills_representative
    CAB_Malvern_Hills_representative Posts: 153 Organisation Representative
    Hello,

    My employer has left me in a bit of a mess. The business I was working for closed down, giving me less than a week's notice and I was effectively made redundant. I have a mobile number only and have so far been unable to get written confirmation of my redundancy and I haven't received payslips, tax rebates or a P45 since I think they stopped using accountants several months ago.

    Am I able to get a P45 issued directly from HMRC, and will I be able to claim JSA and housing benefit without any written proof of redundancy? It was a part time job (less than 16 hours per week) and I was a full time student.


    Hi

    HMRC can issue a P46 if you haven't got your P45 see : www.adviceguide.org.uk section under tax -problems with tax -paye - common problems for more info.

    If you are able to claim JSA they will need evidence of your circumstances but you can still make a claim if the situation means that you have no documentary evidence of the redundancy - they will tell you what is required as an alternative so you should not delay making a claim becuase of your situation.

    Housing benefit would not normally look at why you lost your job but they will need evidence of your income and savings together proof of identity to process your claim, if and when you make it. There are also special rules regarding students and HB see : adviceguide section on benefits/help with your rent/housing benefit
    Official CAB Representative
    I am an official representative of CAB. MSE has given permission for me to post in response to questions on the CAB Board. You can see my name on the companies with permission to post list. If you believe I’ve broken any rules please report my post to forumteam@moneysavingexpert.com as usual"
  • Riversong
    Riversong Posts: 342 Forumite
    Hi, I hope it's ok me asking questions here... So where to begin.

    I took a new job a month ago, at interview i was told after training i could work monday to friday 9-5. They said that althouvh the contract states 8-8 I won't have to work outside of 9-5.

    Now my emoyer is saying everyone must work between 8-8 mon to sun. My problem is i dont have childcare outside of9-5 which i made the interviewer and my line manager aware of. We dont have family/friends who can help either. My children are 2 and 1.

    I submitted a flexi working request to do 9-5 mon to friday but it was declined. I am going to appeal on the 17th but I dont know if it will help.

    What are my rights here? I gave up a 9-5 part time job on the understanding i would be ok hours wise. If they dont accept the request theyre making me jobless. I would never have left my other employer if i knew this would happen.

    Would we have a leg to stand on at a tribunal if it went that far?

    Thank you x
  • lemontart
    lemontart Posts: 6,037
    First Post First Anniversary Combo Breaker
    Forumite
    edited 6 July 2012 at 8:31PM
    what actions can I take if my employer consistently gets the wages wrong, from missing o/t to whole weeks missing to missing expenses and incorrect holiday pay and a whole lot more, they have a history of getting it wrong but in past 6 months it has got worse and I have had enough of having to explain to them what they have gotten wrong and request what they call a TT payment for the sortfall and another month they paid a week to much then took the full amount all at once out the next paypacket

    There have also been mistakes made in the paye tax

    These errors are happening to a lot of the staff there.

    I work for a agency and since Oct am directly employed by the agency with the Swedish Derigative wossit being used.
    I am responsible me, myself and I alone I am not the keeper others thoughts and words.
  • CAB_Malvern_Hills_representative
    CAB_Malvern_Hills_representative Posts: 153 Organisation Representative
    lemontart wrote: »
    what actions can I take if my employer consistently gets the wages wrong, from missing o/t to whole weeks missing to missing expenses and incorrect holiday pay and a whole lot more, they have a history of getting it wrong but in past 6 months it has got worse and I have had enough of having to explain to them what they have gotten wrong and request what they call a TT payment for the sortfall and another month they paid a week to much then took the full amount all at once out the next paypacket

    There have also been mistakes made in the paye tax

    These errors are happening to a lot of the staff there.

    I work for a agency and since Oct am directly employed by the agency with the Swedish Derigative wossit being used.


    HI

    Please follow the link below to the section on the CAB website adviceguide www.adviceguide.org.uk which explains the rights that all agency workers have including the right not to have unauthorised deductions made from their wages.

    http://www.adviceguide.org.uk/england/work_e/work_rights_at_work_e/work_agency_workers_e/agency_workers___what_you_need_to_know.htm

    In general you should seek to try and resolve the matter by negotiation with the agency and could raise a grievence in order to do this. The section on dealing with problems at work gives useful guidance on how to do this. However you should tread carefully -see section on what rights agency workers do and do not have.

    Perhaps you could all get together and see if a group complaint would help.
    Official CAB Representative
    I am an official representative of CAB. MSE has given permission for me to post in response to questions on the CAB Board. You can see my name on the companies with permission to post list. If you believe I’ve broken any rules please report my post to forumteam@moneysavingexpert.com as usual"
  • CAB_Malvern_Hills_representative
    CAB_Malvern_Hills_representative Posts: 153 Organisation Representative
    Riversong wrote: »
    Hi, I hope it's ok me asking questions here... So where to begin.

    I took a new job a month ago, at interview i was told after training i could work monday to friday 9-5. They said that althouvh the contract states 8-8 I won't have to work outside of 9-5.

    Now my emoyer is saying everyone must work between 8-8 mon to sun. My problem is i dont have childcare outside of9-5 which i made the interviewer and my line manager aware of. We dont have family/friends who can help either. My children are 2 and 1.

    I submitted a flexi working request to do 9-5 mon to friday but it was declined. I am going to appeal on the 17th but I dont know if it will help.

    What are my rights here? I gave up a 9-5 part time job on the understanding i would be ok hours wise. If they dont accept the request theyre making me jobless. I would never have left my other employer if i knew this would happen.

    Would we have a leg to stand on at a tribunal if it went that far?

    Thank you x

    Hi

    If they are saying employees have to work 12 hours a day monday to sunday inclusive then this works out to 60 hours a week.

    Nearly all workers have the right not to have to work for more than 48 hours on average, a week. see www.adviceguide.org.uk section under Work -basic rights at work - health and safety and then info in respect of maximum working week.

    The information about rights to flexible working working can be found under the same section. In some situations an employers refusal to allow flexible working may amount to indirect sex discrimination but this is a complex area of law and you may need to visit your local CAB for further guidance on this. We would suggest that you proceed with your appeal in the meantime and visit the links to the sites referenced on adviceguide that will help you to put together a reasoned argument for what you are trying to achieve.
    Official CAB Representative
    I am an official representative of CAB. MSE has given permission for me to post in response to questions on the CAB Board. You can see my name on the companies with permission to post list. If you believe I’ve broken any rules please report my post to forumteam@moneysavingexpert.com as usual"
  • CAB_Malvern_Hills_representative
    CAB_Malvern_Hills_representative Posts: 153 Organisation Representative
    Hi

    If they are saying employees have to work 12 hours a day monday to sunday inclusive then this works out to 60 hours a week.

    Nearly all workers have the right not to have to work for more than 48 hours on average, a week. see www.adviceguide.org.uk section under Work -basic rights at work - health and safety and then info in respect of maximum working week.

    The information about rights to flexible working working can be found under the same section. In some situations an employers refusal to allow flexible working may amount to indirect sex discrimination but this is a complex area of law and you may need to visit your local CAB for further guidance on this. We would suggest that you proceed with your appeal in the meantime and visit the links to the sites referenced on adviceguide that will help you to put together a reasoned argument for what you are trying to achieve.

    Apologies - seems we cannot add up - if you are working 8-8 monday to sunday inclusive then this is obviously 84 hours per week !!
    Official CAB Representative
    I am an official representative of CAB. MSE has given permission for me to post in response to questions on the CAB Board. You can see my name on the companies with permission to post list. If you believe I’ve broken any rules please report my post to forumteam@moneysavingexpert.com as usual"
  • scared-sick
    scared-sick Posts: 193 Forumite
    Not sure if you can answer this but here goes....

    A colleague of mine is currently suspended pending an investigation from work due to an error he made. He has admitted the error. Another colleague was equally responsible for the incident, however, has not been suspended and is being allowed to carry on as normal.....is this right?

    The reason management are citing for the suspension is to unhinder the investigation, but my colleague has admitted his part. They are both in the same postion responsibility wise so how can management deem one person can hinder the investigation but the other one cannot?

    I also believe the investigating manager may be biased in the process as less than 2 weeks before the incident, she promoted the unsuspended colleague.

    Can I do anything about this?
  • lemontart
    lemontart Posts: 6,037
    First Post First Anniversary Combo Breaker
    Forumite
    HI

    Please follow the link below to the section on the CAB website adviceguide www.adviceguide.org.uk which explains the rights that all agency workers have including the right not to have unauthorised deductions made from their wages.

    http://www.adviceguide.org.uk/england/work_e/work_rights_at_work_e/work_agency_workers_e/agency_workers___what_you_need_to_know.htm

    In general you should seek to try and resolve the matter by negotiation with the agency and could raise a grievence in order to do this. The section on dealing with problems at work gives useful guidance on how to do this. However you should tread carefully -see section on what rights agency workers do and do not have.

    Perhaps you could all get together and see if a group complaint would help.

    Looks like the contracts we have are wrong too looking at the guide as no pay details hours details etc at all, also more a case of getting the figures wrong as opposed to deductions most of the time even though they have the hours worked on our time sheets
    I am responsible me, myself and I alone I am not the keeper others thoughts and words.
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