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Redundency Advice please

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    Redundency Advice please

    Ok, here is the story

    My girlfirned was made redundant after 18 month at a print management company two weeks ago.
    The agreed to pay up till the end of the month and unused holiday which amounted to he being paid full salary last Friday and end of july.

    Its been a week now and she has not been paid and a call to her ex-boss just now left he upset as he was a bit rude and off-ish with her (you’ll get paid when you get paid type of attitude).

    Obviously I went into angry Negro mode and offered to drive down to the office in Bristol and start stabbing people randomly. However she talked me out of it.

    So I ask OTF, what are her rights and what should she do next?

    #2
    Redundency Advice please

    I think going to the Citizens Advice Bureau would be a good move here. They'd have the full info on her rights.

    Comment


      #3
      Redundency Advice please

      Can you charge interest if your employers does not pay you on time.

      Comment


        #4
        Redundency Advice please

        I've just e-mailed your first post to our Employment Partner. Hopefully she'll respond soon.

        Comment


          #5
          Redundency Advice please

          Well - TG, she's happy to have a quck chat on the phone with your gf. PM me her name and number and I'll pass it on.

          Comment


            #6
            Redundency Advice please

            Sheesh. There's some people who are "happy" to offer consultancy advice, then there are the ones who charge £300 an hour for it.

            Guess which ones rule the world, and why. And is that the world we want to live in, really? (Suggested time: 15 minutes. Marks available: 5)

            Comment


              #7
              Redundency Advice please

              PM to gt3.

              Comment


                #8
                Redundency Advice please

                Replied.

                Rogin - she's not all heart. A phone consultation probono isnt a problem but representation? Trust me, she ain't cheap! Don't tell yer I said that TG!

                Comment


                  #9
                  Redundency Advice please

                  Tactical Genius wrote:
                  So I ask OTF, what are her rights and what should she do next?
                  Genius- her basic statutory right (although the employment contract might offer a bit more) is to a week's notice and 5.6 weeks holiday pay per year (ie reduced pro rata from 28 days for a five day week).

                  Unfortunately a specific redundancy payment has a qualifying period of two years.

                  I doubt she could claim for interest on the money, GT's colleague may know relevant caselaw.

                  Let us know how it goes on...

                  Comment


                    #10
                    Redundency Advice please

                    She should write a letter asking for the specific amount she's owed and setting a time of 7 to 14 days to receive payment. If the money's not forthcoming pop into the CAB and they'll help you fill out an ET form
                    No need to pay anyone to help her, the CAB will help for free. If she's in a Trade Union of any sort they should represent her, that's about all they're good for these days.
                    her rights are all explained on the cabadviceguide webpage

                    she should get the signing on process started straight away over the phone applying for Contribution based Jobseekers Allowance

                    Comment


                      #11
                      Redundency Advice please

                      TG - I think she's going to try and call your gf over the weekend though she'll be watching the lions today so it'll probably be tomorrow.

                      Comment


                        #12
                        Redundency Advice please

                        I'm duty bound to say that you could get all this advice on tap if you were in a union. So I'll say it.

                        Hope it gets resolved anyway, TG

                        Comment


                          #13
                          Redundency Advice please

                          Thanks for the advice all.

                          The good thing about this mess is that she will no longer let work consume her life like it did before and also re-appraise her political views that Thatcher taming the unions was a good thing.

                          Her ex-boss is being a right cnut.

                          Comment


                            #14
                            Redundency Advice please

                            You mark my words, TG, she'll have a copy of the Guardian under her arm next time you see her.

                            Comment


                              #15
                              Redundency Advice please

                              She'll probably need, want and deserve something stronger than that. I'm not sure we can call the Guardian some sort of friend of employee rights.

                              Comment


                                #16
                                Redundency Advice please

                                Lucy.
                                "You mark my words, TG, she'll have a copy of the Guardian under her arm next time you see her."

                                God forbid such bad thing.

                                E10.

                                "She'll probably need, want and deserve something stronger than that. I'm not sure we can call the Guardian some sort of friend of employee rights."

                                I need to clean out my eyes with Optrex as I suspect my sight is deciving me.

                                Comment


                                  #17
                                  Redundency Advice please

                                  She just called and gave her some important advice and the best way to proceed.

                                  Could you thank her on my behalf GT3, your a star.

                                  Comment


                                    #18
                                    Redundency Advice please

                                    Pleasure mate. She's just had one of the best Employment Law solicitors in The City advising her. Glad it was useful.

                                    Comment


                                      #19
                                      Redundency Advice please

                                      An Update.

                                      Her Boss is still breezing her with lame excuses so she has sent him this email.

                                      Dear Evil Boss,

                                      On the 22nd June 09 you called a meeting with Your two face assistants and myself, during which you advised that my position within no-name crap company was to be made redundant with immediate effect. As per the conditions of my employment contract you have provided me with one months notice and you advised during the meeting that I was not required to work the notice period and that you would still pay me 1 months notice.

                                      You have failed to pay me my June salary, I would like to bring your attention to the following events:

                                      26/06/09 I contacted your payroll lackeyto check that the payroll would be running and my wages would be paid into my account, I was advised that there was an online banking issue and that my wages would be paid into my account the following Monday.

                                      29/06/09 I contacted my bank and was advised that no funds had been received. I advised your payroll lackeyand I was told that my wages would be paid into my account the following morning.

                                      30/06/09 I contacted my bank and was advised no funds had been received. I sent an email to your payroll lackeyto advise you that I still had not been paid, I also advised you of the bank charges incurred due to the delay in my wages being paid and requested that my wages were paid by close of play on 30th June to avoid further banking issues.
                                      your payroll lackeysent me an email later that day on your behalf to ask if I could possibly wait a few days as you were waiting on monies to be paid to you by a client.. Sue also advised that you would re-imburse all charges incurred as a direct result of the delays in my wages being paid. I agreed to this as an act of good faith.

                                      01/07/09 You sent me a text to my mobile advising that you were working on getting the funds to me and would update me later in the day. I didn't hear back from you so sent a further email requesting an update
                                      and also re-assurance that there would not be an issue at the end of July when you were due to pay my months notice wages into my account.

                                      02/07/09 You emailed me to say that funds still hadn't materialised and with regards my July notice pay you advised 'I'll let you know when I know'.

                                      03/07/09 I called you to request an update, you then sent me a text at the end of the day to say that monies hadn't been received from your client but you would try and pay me half of my wages on 6th July even if you had not received the client funds. If client funds had been received you would pay my full wages into my account.

                                      06/07/09 I have rung you twice today, you then replied via text message at 1.38pm to advise still no monies received from your client and that you would advise me later today.

                                      Bank charges - so far the bank have advised me that the unpaid DD charges total £342 and £28 in unauthorised overdraft fees. I have also incurred a total of £97 in admin fees from my creditors.
                                      As soon as my wages and notice pay are paid into my account I will confirm these charges and any further charges, which you have agreed to re-imburse.

                                      I have taken legal advice and therefore would bring your attention to the fact that by law failure to pay salary and notice pay amounts to unlawful deduction from salary and breach of contract.
                                      I do not accept that I have been treated fairly.

                                      I am requesting that you pay my June salary and my months notice pay into my bank account (of which you have details for payroll purposes) within the next 24 hours.
                                      If you fail to do so then you will leave me with no other option than to proceed with legal action.

                                      Regards
                                      TG's Bird.

                                      Comment


                                        #20
                                        Redundency Advice please

                                        Get in!

                                        Comment

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