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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48156
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I have just been made redundant and have been given a letter

Customer Question

I have just been made redundant and have been given a letter which lists my severance payment. I have pasted the content of that letter below.
<br>
My employer has not transferred any money to my account yet, nor have they replied to my emails, asking when the money will be in my account. From what I understand reading this letter; the money should have been in my account on the 13 of OCT (termination
date). Am I reading this correctly? <br>
Or can it be that they will be paying me on the 28th which is my normal pay day? <br>
Should I be worried, that they have not paid me yet nor HR and payroll are replying to my emails? What are my options?
<br>
***Letter *** <br>
Your contract will terminate 13 October 2015 and you will receive 3 months’ pay in lieu of notice, this will be subject to normal tax deductions.
<br>
I have outlined below the terms that will apply to you <br>
1-The Company operates a statutory redundancy payment scheme. The amount you may receive under this scheme is £xxxxx which will be tax free on termination.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
Hello the legal position in these circumstances is a bit unclear. On the one hand you have a contract which stipulates that you have a specific payment date and the employer can still rely on that to pay young he set date which is the end of the month. On the other hand the contract has terminated already so any liabilities under it should be immediately due. I suggest you wait until the normal payment date and see if you get paid then. If you do not then you can take steps to recover what is due to you. However many employers just pay you on your normal pay date even if your employment has terminated earlier so do not be too concerned just yet
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Customer: replied 1 year ago.
Hi, but as I have been made redundant and my contract is therefore severed, so can they still use the date from the contract?
Also just to add I have not taken any leave and have asked them to pay me for any untaken leave.
What is the normal practice, in these situations?
Expert:  Ben Jones replied 1 year ago.
They can do and many employers do. It has not really been tested in the courts so it is a bit of a grey area but it is not that clear a position which you can use against the employer and make them pay you now. This is regardless of whether you have taken holidays or not. And to be honest as you cannot force them to pay you immediately, if you were to challenge that and go to court, by the time you sort that out you would have been paid anyway so it would be a pointless exercise. So the only way is to try and negotiate with the employer