Unfair Redundancy, can I take legal action?
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Unfair Redundancy, can I take legal action?
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I finished work at 1 on the friday, had a phone call when I got home telling me I was redundant (I had no idea they were planning any). 10 days later I received a letter saying my redundancy starts as of 7th November. 3 days later I received a cheque for only 3 weeks pay, no holiday accrued and 4 weeks redundancy. No meetings at all. I have worked for them 4 years 10 months. Do you think that the way they terminated me was unfair?
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andy w
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It depends on how many employees the company has.
If you are unsure of the law then check with your local CAB (Citizens Advice Bureau). |
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paul h
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Depending on the number of employees, there are specific steps an employer must take to ensure that any redundancy is lawful. Given the sparse information you provide it is not possible to assess whether or not correct procedures have been followed, however, it does appear that the way in which you have lost your job is open to challenge.
You will be entitled to Statutory Redundancy Pay (SRP) or, if better, Contractual Redundancy Pay (CRP) - check your contract of employment to see if you are entitled to CRP.
SRP is calculated on your age and length of service. The Advisory Conciliation and Arbitratrion Service (ACAS) produce a number of useful booklets in this matter. http://www.acas.org.uk
If you think you have been treated unfairly in the matter of redundancy you may apply to a Employment Tribunal (ET) re: unfair dismissal. There is a time limit for such an application.
Contact your nearest Law Centre or Citizens Advice for further advice/assistance as soon as is practicable.
Good luck. |
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Father Jake
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Yes, it was completely unfair to the extent it is illegal.
Are you in a union? If not, you can contact ACAS through their site and ask advice from them.
I am assuming you are British? |
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Sbunch
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Go to the CAB for advice. Somehow, I think they can get away with this disgusting behaviour |
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Flick
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You should have had 4 weeks redundancy and your holiday pay!
You need to speak to ACAS. |
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jackie m
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The 3 weeks pay would be in lue of notice but you are still entitled to your holiday pay and if you are under 45 1 weeks wage for every full year you were there and over 45 1.5 weeks pay. www.acas.co.uk |
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lucky by chance
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yeah they had so take legal action and book a nice lawyer they do for u in a very nice way so don't be so depressed now the situation in uk is like this they never care how bad affect on someones life
best of luck hope u gain ur money back and find a new job soon |
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Arthur B
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Follow Jake's advice, his answer is exactly correct. |
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Innit
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I beleive they should have paid you three months notice, but the amount of redundancy payment sounds right. |
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