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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 have been made redundant and my employer have paid my redundancy

Resolved Question:

I have been made redundant and my employer have paid my redundancy pay in full with my final salary. They made me and one other person redundant but they have paid theirs in full. What can I do? I have called and emailed them re payment and no payment has been forthcoming.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Remus2004 replied 1 year ago.
How long had you worked there?
Customer: replied 1 year ago.
2 years 11 months
Customer: replied 1 year ago.
They have paid half of my redundancy pay only.
Customer: replied 1 year ago.
Excuse me are you going to answer my question?
Expert:  Ben Jones replied 1 year ago.
Hello, my name is ***** ***** my colleague has asked me to assist with your query as it is more my area of law. If you are made redundant then you should get paid your redundancy as soon as possible or at the latest by the next pay run. So if for example you were made redundant halfway through the month and the next pay run is at the end of the month, it should be paid be the end of that month. Failure to pay you the redundancy due would be unlawful and you can take the matter further if needed. I understand that you have already tried to contact them over this and I suggest you do this one more time and make it clear t is the final chance and that failure to pay you within a nominated date by you will result in you making a claim to pursue what you are owed. If they still fail to pay you can consider making a claim in the employment tribunal. This is your basic legal position. I have more detailed advice for you in terms of the steps you need to follow to take the matter further if needed, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there I no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47388
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Employment Law Specialists are ready to help you
Expert:  Ben Jones replied 1 year ago.
Thank you. Failure to pay your redundancy will likely amount to an unlawful deduction from wages, which is made illegal under the Employment Rights Act 1996. In order to try and resolve this, the employer should be contacted in writing, advised that this is being treated as unlawful deduction of wages and ask them to pay back the money within 7 days. Advise them that if they fail to pay the money that is owed, legal proceedings could follow. If the employer does not return the money as requested, the following option is available: Employment Tribunal claim - the time limit to claim is only 3 months from the date the deductions were made. To make the claim, form ET1 needs to be completed and submitted - you can find it here: https://www.employmenttribunals.service.gov.uk/employment-tribunals Hopefully by warning the employer you are aware of your rights and are not going to hesitate taking further action they will be prompted to reconsider their position and work towards resolving this.

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