Redundancy in the UK?
Find answers to your legal question.
Redundancy in the UK?
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I work for a very large care home provider who has recently told us that the care home I work in is due to be closed at the end of September. We were all promised positions in the two remaining homes in my town. However it appears there is no job available for me - do they have to pay me 90 days notice.I have been employed by them since Jan 2007 and they say I am not entitled to any redundancy as I have been there less than 2 years. Do they also have to pay for any courses I may need to attend in my search for a new job.
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Cool Hal
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They are right they dont have to pay any redundancy as you have been there less than two years. They do have to give you notice as per the terms of your contract or pay you in lieu of notice. In terms of courses etc they have to reasonably support you in finding a new job but that is a grey area.
What is interesting here though is that it appears that some of your co workers have been given other jobs in the remaining two care homes. Did they advertise the jobs encourage you to apply? Have they given you feedback why you weren't successful? They have a legal obligation to follow a correct procedure in these matters which includes doing full job evaluation. Failure to do this could result in an unfair dismissal claim which you would be entitled to pursue as you have worked there for more than a year.
It sounds as if you need more advise than this board can give - I would suggest going to an employment solicitor on a no win no fee or consult a union rep if you have one. Or go to the Citizen Advice or ACAS.
Good luck |
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mark m
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I don't know from where did you get this 90 days notice? if you only worked there for 2 years you will ended get much less than that, I got 90 days from mt former employer notice because I worked for them for 18 years, then they pay me my redundancy money on top of that, I would go to the HR and get a proper advice, putting in mind that any other promises of getting a another job for you wont be taking serious unless you have it in writing. |
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k
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As you haven't been there 2 years you will NOT get a penny. They will NOT pay for any re-training courses.
Hard I know, they can push out the door and say 'Goodbye' with only a second's warning - happened to me (and several colleagues) TWICE. |
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bud
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unfortunately they don`t have to pay you anything but the wages owed to you, that`s why they are getting rid of the workers who have been with them the least time |
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waldo_mcginty
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You only have 3 weeks left Phone ACAS helpline tomorrow !
PS Don't take this as gospel but redundancy payments are very limited ( 1 weeks pay per year worked ?? ) and there is no general right to retraining unless it is already in your contract. Good luck anyway. |
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Courtney's mummy
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I would ring up the CAB in the morning and ask for their advice.
Or get into contact with a solicitor. |
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Ziggy
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i think you may need to seek out a solicitor/lawyer specialising in employment law..... the main part of your argument would be the 'promise' of a replacement job - did you by any chance get this in writing? or anything written that implied they would place you at another home?.... the fact that you have worked for about 18 months for this company should ensure a redundancy payment of at least 3 months - plus the loss of your promised position.... their claiming your not entitled to any redundancy payment is not quite true (I think).... however they do need to give you at least 3 months notice in any case - which you could effectively use (without being docked any pay) to search for alternative employment .....
A Solicitor is your best next port of call...... |
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Eternals Blissyღ
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The law changed a few years ago. Now, you get full rights after a years service.
http://www.getting-on.co.uk/just-the-job/knowyourrights.html
Hope this helps. |
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KJ
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They have to pay you the notice period stipulated in your terms of employment and any holidays accrued but not taken. They must also allow you reasonable time off work to attend interviews. |
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