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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46794
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I wanted to know if I have a case or not. Back in August

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Hi I wanted to know if I have a case or not. Back in August 2014 our company was sold out to another who made all workers in our company slowly redundant. I was told via email that my job was safe, then out of the blue after my director complained that I should not be working in a building alone as I am eplileptic a meeting was held and I was told I was being made redundant. This was 20th of dec I was told I could finish that day, my director suggested I finished my work and left the following day. They agreed and said the pay out would be my 3 months notice as I had only been there 1.5 years and I didn't have to work my notice. I just had to make myself avail until the end of dec if they needed me for anything and also do a day or two for hand over which I agreed. But end of dec I was free and look for a new job. They sent me a letter of offer and provided me with a lawyer to go through this letter with, in the mean time I was offered my job back. I said I would accept the redundancy with the old company as i have signed it and accept a new contract with new terms and conditions with the new company. We shook on this and they said it would be in my inbox by the end of the day which it wasn't. I called no answer no one returned my calls. So I opted to take the redundancy and told them this as they did not provide a new contract with terms and conditions. I found a new job in Jan, it was past the due date for the redundancy pay and myself or my layer they had provided could not contact the owner as he still needed to sign the redundancy letter this is why i had not been paid. I then received an email from the third party end of January saying that I now needed to come back and work my notice. They had already put me through a lot of stress from the redundancy process and i was very stressed and had anxiety. I explained this was not what was agreed I went in and was not well, went to the dr and was written off to not work as unfit for stress and anxiety. I have not received any contact since from the clinic or payment I want to know if I should be entitled still to my payout even though the owner didn't sign it as he didn't sign anyones as I have spoken to them and they were all paid. I am the only one that wasn't paid out from all the staff and received this treatment plus I am the only one that was on a visa.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. So just to be clear - you were entitled to 3 months under notice and you have not received any of it?
Customer: replied 1 year ago.
Yes I was entitled to 3 months under notice paid as a lump sum un taxed but they paid me one month as a wage because I came in for one day because I was forced as they said I needed to work my notice. So I went in to do the right thing and try and work it out with them. Then had a break down and panic attack. I was then paid nothing else.
Expert:  Ben Jones replied 1 year ago.
Did your contract entitle you to sick pay?
Customer: replied 1 year ago.
Yes
Customer: replied 1 year ago.
But I felt they shouldn't have been able to go back on their decision they made me redundant in Dec I found work then they prevented me starting by making me ill and also making me come back to work
Expert:  Ben Jones replied 1 year ago.
Was the entitlement enough to allow you to receive full pay for the remainder of your notice period?
Customer: replied 1 year ago.
I am not sure as the policy is on their computers as its a SPIRE policy I cannot remember if it is 80% of pay if stress leave for two months
Customer: replied 1 year ago.
But what I don't understand is how they can offer a redundancy and a month later take it back and also offer it with out signing it first
Customer: replied 1 year ago.
If you are absent from work due to an illness/injury which prevents you from working, you may be eligible to receive Company sick pay at the discretion of management, in accordance with the rules of the Company sick pay scheme. Information relating to sickness and sick pay is detailed in the Employee Guide for Managing Attendance which is available on the Company intranet site. For the avoidance of doubt the Employee Guide for Managing Attendance Policy is non contractual and is not incorporated into these terms and conditions by reference.
Customer: replied 1 year ago.
that is what my contract says
Expert:  Ben Jones replied 1 year ago.
You should indeed be entitled to your notice period because you were specifically told by the employee that your employment was being terminated and this was confirmed by them when they said they would pay you in lieu of notice. The fact that this was not put in writing or signed by anyone does not really matter as all of this could happen verbally and still be legally binding. So you should be entitled to receive the remainder of your notice period. As you are too late to pursue this in the employment tribunal you would have to now go through the small claims court. As legal action should always be seen as a last resort, there are certain actions that should be taken initially to try and resolve this matter informally and without having to involve the courts. It is recommended that the process follows these steps: {C}1. Reminder letter – if no reminders have been sent yet, one should be sent first to allow the debtor to voluntarily pay what is due.{C}2. Letter before action – if informal reminders have been sent but these have been ignored, the debtor must be sent a formal letter asking them to repay the debt, or at least make arrangements for its repayment, within a specified period of time. A reasonable period to demand a response by would be 10 days. They should be advised that if they fail to do contact you in order to resolve this matter, formal legal proceedings will be commenced to recover the debt. This letter serves as a ‘final warning’ and gives the other side the opportunity to resolve this matter without the need for legal action.{C}3. If they fail to pay or at least make contact to try and resolve this, formal legal proceedings can be initiated. A claim can be commenced online by going to www.moneyclaim.gov.uk. Once the claim form is completed it will be sent to the debtor and they will have a limited time to defend it. If they are aware legal proceedings have commenced it could also prompt them to reconsider their position and perhaps force them to contact you to try and resolve this. Whatever correspondence is sent, it is always advisable to keep copies and use recorded delivery so that there is proof of delivery and a paper trail. The court may need to refer to these if it gets that far. I trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or if you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Customer: replied 1 year ago.
This is the settlement agreement from december it was in writing
Customer: replied 1 year ago.
I also went though agas before the three months was up but they refused to respond so agas gave up. Also myself and the lawyer they provided sent many emails asking for the money to be paid I have even been asking for my P45 and been ignored.
Customer: replied 1 year ago.
Sorry just another question can I still ask for my settlement even though he has not signed it? He didn't sign anyones
Expert:  Ben Jones replied 1 year ago.
The settlement agreement is not valid until signed by both parties - was it?
Customer: replied 1 year ago.
No he never signed anyones, but they all were paid out
Customer: replied 1 year ago.
He then promised to sign it late Jan if i was to make myself available to his staff if need be at any time if they needed me as they were having troubles working out the new lab. I agreed and he never signed I just got hassled by his staff all the time.
Customer: replied 1 year ago.
I have this in email too
Expert:  Ben Jones replied 1 year ago.
The settlement agreement is not legally binding so you cannot rely on that but you re still entitled to your notice period as that is what was agreed, even if only verbally. Your employment was terminated and you were due to be paid in lieu of notice so the only option you have now is the county court as mentioned above. But you can only claim for the notice period you are due
Customer: replied 1 year ago.
Yes so the three months is that correct? But they two that is now owed as they paid one month taxed.
Customer: replied 1 year ago.
So just to confirm before you go the way I do this is through the website above in your email and that is the county court?
Expert:  Ben Jones replied 1 year ago.
yes its only two remaining as you have been paid one already. And yes it is through the moneyclaim site, that is the portal for the county court but follow the other steps first to give them the chance to resolve this without court involvement
Customer: replied 1 year ago.
ok great thanks. I have sent them a reminder email now.
Expert:  Ben Jones replied 1 year ago.
OK great that's the first step, see how you progress and the final step is the website. If your original question has been answered I would be grateful if you could please quickly rate my answer by selecting 3, 4 or 5 starts at the top of the page - it only takes a second to do and is an important part of our process. I can still answer follow up questions afterwards if needed. Thank you
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46794
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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