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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46238
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I have been made redundant, and as I have only been with this

Resolved Question:

I have been made redundant, and as I have only been with this employer since June 2014 I am only entitled to 28 days notice payment. They made me redundant after due process on 17th February. They sent me a letter saying I would be paid 17 days for February plus 28 days notice in my February pay. Today they told me I will now only receive the 17 days pay in February, and the 28 days in the March pay. Is this legal?
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. Can you please confirm when you last day of work is and also when your usual pay date is
Customer:

Hi Ben. I was made redundant on February 17th. I am paid on the last Friday of each month.

Ben Jones :

Hi, sorry my connection dropped earlier. If your employment ended before your next pay date, you can expect to receive all moneys due to you under the employment by that date. This would be the case if you had worked your notice period up to your leaving date or if the employer had paid you in lieu of notice. It would not be the case if you were placed on garden leave for example when you continue being an employee for the duration of your notice period but do not come into work. So assuming your notice either expired on 17 Feb or you were paid in lieu of notice and had your employment terminated then, you can expect to be paid your full payments due on the next pay run, that being the last Fri of Feb. If the employer does not pay you what you are due then it can amount to unlawful deduction of wages and/or breach of contract. The issue is that you do not have many options to pursue to ensure that you are paid on time – the law protects you in the event that the employer refuses to pay you at all but not for a delay. If you decided to make a claim against them for the money due, then by the time the claim is heard you are likely to have been paid anyway so it would be a pointless exercise. Therefore, you should exert some pressure on the employer and remind them that what they propose to do is a breach of contract and that you should be paid on time as per your contractual terms.

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

Customer:

Hi Ben, thanks for your reply. I think you are correct, it's too late to change what they are going to pay me in Feb now, and they may well be bankrupt or in the hands of receivers in March, so my 28 day notice pay will be added to the list of creditors. They are not delaying my payrun date, but they are delaying my 28 day notice pay.

Ben Jones :

yes I understand that they will still pay you something this month but do not want to add the notice pay with it, when they should. Even if the payment gets added to the list of creditors, you can pursue some of it back from the Government, assuming there are no assets left in the company to pay it

Customer:

Thanks Ben, so I should just email them and tell them they are in breach of contract for not paying me all monies owed in my final pay?

Ben Jones :

yes and request that the money is paid as per your contract, which means in the next pay run this Fri

Customer:

Thanks Ben. Great help.

Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46238
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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