Basic rights at work & Redundancy

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  • nadirnwo
    nadirnwo Posts: 141 Forumite
    Hi!

    I was hoping to get some clarification in regards to my spouses work conditions.

    Her employer is deducting £4 a month "administrative charge" from her wages citing the cost of processing pay slips. She has not been asked in writing to approve such deductions or informed that they would be taken when she started her job. Can an employer make such a deduction?

    Second, her deductions for her National Insurance are higher than what the HMRC calculator states that it should be. In effect, even though the personal allowance increased in April 2012, her take home pay has not changed. Her employer are refusing to discuss this situation saying that they have "drawn a line under it" and refuse to take it further. What could she do in such a situation.

    Thanks in advance!
  • dlb
    dlb Posts: 2,488 Forumite
    Hi, i am looking for advise on working hours contract..my husband reduced his working week from 5 day to 3 after knee surgery and ongoing knee problems ment he could no longer maintain a 5 day week, 15 months he has now been on a 3 day week and has never been provided with a new contract, but has had his hoildays changed to reflect new hours and was only paid company sick pay and ssp for a 3 day week after further surgery last year.

    Work has now sent him to a company doctor as they are wanting to know when a 5 day week can start again, we feel they are looking for a way to finish him on ill health and are not happy with the report a company doctor that has never seen him has wrote. My question is after 18 months on the new reduced hours can they finish him on the grounds he can not maintain a 5 day week, even though they have never asked if he can increase his hours again since?

    He also has mental heath issues that his boss does not address even though they have been informed of this, the stress from the company doctor and the lack of communication is making his depression and panic attacks worst and my husband cant speak to his boss about it as he finds it hard to communicate with him as he has such a awful manner and atitude to this subject.
    Proud to be DEBT FREE AT LAST
  • coupleuk
    coupleuk Posts: 394
    First Post First Anniversary Combo Breaker
    Forumite
    Redundancy Question....

    I am writing on behalf of my sister.

    She has worked at a small gift shop since July 1st 2007 and has outlasted two previous owners and is now on her third.

    She works 32 hours over a 2 week period, so 16 per week on average - working at weekends.

    She has today been given a letter informing her that she is being made redundant.


    They are giving her 4 weeks notice (to Friday August 17th).

    Q1 Should they be giving her 5 weeks notice? 01/07/07 to 17/08/12 is 5 years service not 4 years.


    The business is owned by a lady (only her name on the Particulars of Employment, business cards and wage slips).

    She has told my sister that her husband (who does some hours in the business but has a full-time job elsewhere) will now be working my sisters hours.

    Q2. As the wife owns the business, can my sister be made redundant and be replaced by the husband who is just an employee as he does not own the business with his wife? The husband would effectively be doing the same job as my sister (including cashing up and being a keyholder etc).


    The owner had a brief chat with my sister a couple of weeks ago and stated that they may have to change her hours. Nothing more was said until the letter was given to her today.

    Q. Is my sister entitled to a Consultation Meeting to discuss any alternatives to the redundancy? Can she also take her Union Rep to that meeting?

    She is only 1 of 2 staff (the other is the owners mother) and both are being made redundant.


    My sister is currently 40 years old and is 41 in late August.

    The Termination Notice gives her final notice date as being August 15th (4 weeks) but I think it should be 5 weeks (August 22nd).

    Q. If my sister insists on the Consultation Meeting, what would be a reasonable length of time to allow her Union Rep to make arrangements to attend? Would it be unreasonable to ask for a date in 2 weeks time?


    THANK YOU for your help on this.
  • Pam1
    Pam1 Posts: 9 Forumite
    Hi, the firm I work for went bankrupt a few months ago and the assets were bought by the same directors + 1 other one. I have been with the company for over 20 years and they asked me if I wanted to stay with the new formed company, which I agreed to. The new business is not doing well and I fear that they will make me redundant soon. I have been thinking of starting up my own business while still being employed by the ailing company but now I am worried that this might go against me when I claim redundancy payment through the National Insurance fund. The firm I work for will not have money to pay me any redundancy and as it is I am finding it hard to survive on what they pay me, I can't really afford to wait 6 weeks for the redundancy money to be paid out by NI. Should I start my own business from home while still working full time for my employers or should I wait till I am made redundant? I got the RP1 form in anticipation of the redundancy and for guidance but it is not clear what they mean in chapter 8 (about self employed). Could you please clarify this for me, thank you. I have checked the CAB website and can't find anything relating to redundancy payments in case of new self employment.
  • CAB_Malvern_Hills_representative
    CAB_Malvern_Hills_representative Posts: 153 Organisation Representative
    Pam1 wrote: »
    Hi, the firm I work for went bankrupt a few months ago and the assets were bought by the same directors + 1 other one. I have been with the company for over 20 years and they asked me if I wanted to stay with the new formed company, which I agreed to. The new business is not doing well and I fear that they will make me redundant soon. I have been thinking of starting up my own business while still being employed by the ailing company but now I am worried that this might go against me when I claim redundancy payment through the National Insurance fund. The firm I work for will not have money to pay me any redundancy and as it is I am finding it hard to survive on what they pay me, I can't really afford to wait 6 weeks for the redundancy money to be paid out by NI. Should I start my own business from home while still working full time for my employers or should I wait till I am made redundant? I got the RP1 form in anticipation of the redundancy and for guidance but it is not clear what they mean in chapter 8 (about self employed). Could you please clarify this for me, thank you. I have checked the CAB website and can't find anything relating to redundancy payments in case of new self employment.

    Hi
    Statutory Redundancy Pay only relates to:
    • how long you have worked for your employer
    • your age
    • how much you were paid
    Whilst they may not be able to give specific advice the
    · Redundancy Payments Helpline

    · Phone number

    0845 145 0004

    may be able to assist you further.
    We would suggest that you may need further advice in person from your local CAB. You can find their details on www.adviceguide.org.uk - click on England and you will then view a page with "Get Advice" on the right. Click here and you can search by postcode for your nearest bureau.
    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
    edited 25 July 2012 at 9:40AM
    coupleuk wrote: »
    Redundancy Question....

    I am writing on behalf of my sister.

    She has worked at a small gift shop since July 1st 2007 and has outlasted two previous owners and is now on her third.

    She works 32 hours over a 2 week period, so 16 per week on average - working at weekends.

    She has today been given a letter informing her that she is being made redundant.


    They are giving her 4 weeks notice (to Friday August 17th).

    Q1 Should they be giving her 5 weeks notice? 01/07/07 to 17/08/12 is 5 years service not 4 years.


    The business is owned by a lady (only her name on the Particulars of Employment, business cards and wage slips).

    She has told my sister that her husband (who does some hours in the business but has a full-time job elsewhere) will now be working my sisters hours.

    Q2. As the wife owns the business, can my sister be made redundant and be replaced by the husband who is just an employee as he does not own the business with his wife? The husband would effectively be doing the same job as my sister (including cashing up and being a keyholder etc).


    The owner had a brief chat with my sister a couple of weeks ago and stated that they may have to change her hours. Nothing more was said until the letter was given to her today.

    Q. Is my sister entitled to a Consultation Meeting to discuss any alternatives to the redundancy? Can she also take her Union Rep to that meeting?

    She is only 1 of 2 staff (the other is the owners mother) and both are being made redundant.


    My sister is currently 40 years old and is 41 in late August.

    The Termination Notice gives her final notice date as being August 15th (4 weeks) but I think it should be 5 weeks (August 22nd).

    Q. If my sister insists on the Consultation Meeting, what would be a reasonable length of time to allow her Union Rep to make arrangements to attend? Would it be unreasonable to ask for a date in 2 weeks time?


    THANK YOU for your help on this.


    Hi

    Your enquiry seems to be about the notice of redundancy your sister has been given, the procedure followed and what she might be able to do about it.

    There is a lot of information on the Citizens Advice website - www.adviceguide.org.uk. on the opening page click on England and then follow
    Work
    Work comes to an end
    Redundancy

    From the information you give it would seem that your sister would be entitled to 5 weeks notice. Regarding consultation, look at "Redundancy – procedures your employer must follow" on Adviceguide information.

    ACAS - www.acas.org.uk
    The opening page has a tab for Redundancy and Notice.

    If your sister feels that she needs further advice she can find details of her nearest CAB from Adviceguide - follow the link "Get Advice".
    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"
  • dlb
    dlb Posts: 2,488 Forumite
    dlb wrote: »
    Hi, i am looking for advise on working hours contract..my husband reduced his working week from 5 day to 3 after knee surgery and ongoing knee problems ment he could no longer maintain a 5 day week, 15 months he has now been on a 3 day week and has never been provided with a new contract, but has had his hoildays changed to reflect new hours and was only paid company sick pay and ssp for a 3 day week after further surgery last year.

    Work has now sent him to a company doctor as they are wanting to know when a 5 day week can start again, we feel they are looking for a way to finish him on ill health and are not happy with the report a company doctor that has never seen him has wrote. My question is after 18 months on the new reduced hours can they finish him on the grounds he can not maintain a 5 day week, even though they have never asked if he can increase his hours again since?

    He also has mental heath issues that his boss does not address even though they have been informed of this, the stress from the company doctor and the lack of communication is making his depression and panic attacks worst and my husband cant speak to his boss about it as he finds it hard to communicate with him as he has such a awful manner and atitude to this subject.

    Any ideas?
    Proud to be DEBT FREE AT LAST
  • CAB_Malvern_Hills_representative
    CAB_Malvern_Hills_representative Posts: 153 Organisation Representative
    edited 25 July 2012 at 9:45AM
    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?

    Hi

    Your enquiry appears to be about disciplinary procedures at work. This is not an area we are able to help with on this board at the moment I'm afraid.

    Do try posting your question on the Employment, Jobseeking & Training board (http://forums.moneysavingexpert.com/forumdisplay.php?f=141) or contacting your local bureau.
    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
    nadirnwo wrote: »
    Hi!

    I was hoping to get some clarification in regards to my spouses work conditions.

    Her employer is deducting £4 a month "administrative charge" from her wages citing the cost of processing pay slips. She has not been asked in writing to approve such deductions or informed that they would be taken when she started her job. Can an employer make such a deduction?

    Second, her deductions for her National Insurance are higher than what the HMRC calculator states that it should be. In effect, even though the personal allowance increased in April 2012, her take home pay has not changed. Her employer are refusing to discuss this situation saying that they have "drawn a line under it" and refuse to take it further. What could she do in such a situation.

    Thanks in advance!

    Hi

    Your enquiry seems to be about whether an employer can make a certain deduction and that your wife is concerned that her National Insurance deductions are not accurate.

    You do not say if this if this is a large employer with a dedicated payroll department or a small employer.

    There is a useful factsheet on our website www.adviceguide.org.uk regarding deductions from pay.
    On the home page select 'England'.'work' and type in 'deductions from wages' in the search box in the top R hand corner. Half way down the resulting page you will see 'Employer witholds your pay'.

    Your wife may want to speak to theNational Insurance Contributions Office
    Address
    HMRC
    Benton Park View
    Newcastle upon Tyne
    NE98 1ZZ
    Phone number
    0845 302 1479
    Opening Hours
    Monday to Friday 8.00 am to 5.00 pm
    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
    dlb wrote: »
    Hi, i am looking for advise on working hours contract..my husband reduced his working week from 5 day to 3 after knee surgery and ongoing knee problems ment he could no longer maintain a 5 day week, 15 months he has now been on a 3 day week and has never been provided with a new contract, but has had his hoildays changed to reflect new hours and was only paid company sick pay and ssp for a 3 day week after further surgery last year.

    Work has now sent him to a company doctor as they are wanting to know when a 5 day week can start again, we feel they are looking for a way to finish him on ill health and are not happy with the report a company doctor that has never seen him has wrote. My question is after 18 months on the new reduced hours can they finish him on the grounds he can not maintain a 5 day week, even though they have never asked if he can increase his hours again since?

    He also has mental heath issues that his boss does not address even though they have been informed of this, the stress from the company doctor and the lack of communication is making his depression and panic attacks worst and my husband cant speak to his boss about it as he finds it hard to communicate with him as he has such a awful manner and atitude to this subject.

    Hi

    Although your husband has not been issued with a new contract reflecting the reduction in his working hours the fact that he has worked these hours for a considerable time demonstrates that he has accepted the terms and conditions. There is a good fact sheet of our website www.adviceguide.org.uk on Changes to Employment Contracts. Follow these links from the home page:
    England home
    Work
    Rights at work
    <LI class=li-breadcrumb-last>Contracts of employment
    and scroll down to 'changes to contract'

    There is also useful information at:
    Work
    Time off work
    <LI class=li-breadcrumb-last>Off work because of sickness

    You do not say how long in total your husband has worked for this employer. An employer can argue that it is a fair reason for dismissal if an employee cannot carry out his duties because of sickness, however your husband has been able to carry out some duties, albeit on reduced hours.

    It is not ureasonable for the employer to seek an independent medical report. However, it is unfortunatel that this was upsetting to your husband. There is further information on Adviceguide - see above.

    Your husband might want to talk to his local CAB, details of which can be accessed from the home page of Adviceguide - 'Get advice' on the right of the screen and put in the post code.
    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"
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