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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47388
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I was made redundant 2 months ago and due my redundancy this

Customer Question

I was made redundant 2 months ago and due my redundancy this week. I have since put in a claim for an accident through an external claims company but my former employer has refused to pay my redundancy unless I drop the accident claim. They have threatened to refuse to pay the redundancy on the basis that they allege some of my work was below par (through an audit). They have said that they will sack me and not pay the redundancy.
I'm not their employee now, so wanted to understand my position.
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.
Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today. Do you have a specific question ?

JACUSTOMER-78dduimt- :

I was made redundant 2 months ago and due my redundancy this week. I have since put in a claim for an accident through an external claims company but my former employer has refused to pay my redundancy unless I drop the accident claim. They have threatened to refuse to pay the redundancy on the basis that they allege some of my work was below par (through an audit). They have said that they will sack me and not pay the redundancy. I'm not their employee now, so wanted to understand my position.

JACUSTOMER-78dduimt- :

Have you a reply yet

JACUSTOMER-78dduimt- :

specifically:

JACUSTOMER-78dduimt- :

-can they refuse to pay my redundancy based on something they allege to have found now - audit was done 3 months ago

JACUSTOMER-78dduimt- :

- can they sack me? I was made redundant and left 30.6.14

Ben Jones :

Thank you. Please leave this with me, I am mobile for most of today so it may be difficult to provide a full response straight away but I will get my advice ready and get back to you on here as soon as I can, certainly no later than this afternoon. Thanks for your patience.

JACUSTOMER-78dduimt- :

OK Great much appreciated.

Ben Jones :

Thanks for your patience. First of all they cannot sack you if you are no longer their employee. Assuming your employment actually terminated when you were made redundant 2 months ago that would have been the termination date and it is not possible to now sack you after that has happened. You have already been made redundant, that was the reason for your termination and they cannot retrospectively change the reason for the dismissal.

So their attempts to try and withhold your redundancy pay based on this will not really be legal. It is clear they are unhappy about your accident claim against them and are trying to use these reasons to avoid paying you redundancy to simply get back at you for claiming against them. However, legally you would still be entitled to your redundancy payment because that was the official reason for your termination and once that has been confirmed and your employment terminated for that reason, it cannot be changed.

If the employer still refuses to pay you redundancy you are able to take the matter to the employment tribunal for resolution and pursue the money you are owed through there.

Hope this clarifies your position? If you could please let me know that would be great, thank you

Ben Jones :

Hello, I see you have accessed and read my answer to your query. Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? I just need to know whether to close the question or not? Thanks

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