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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47354
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I am employed by and events company on a permanent contract.

Resolved Question:

Hello, I am employed by and events company on a permanent contract. This is my 3rd year with the company. My employment runs from November to early August each year (the event is in July). I do not get paid for the staff holiday period from August to November, and have been happy with this arrangement to date.
I had my annual review yesterday and was told I had an excellent year but was also served a redundancy notice at the same time. I was informed there would be a consultation period until the end of August, and after that the whole team would be informed of the outcome.
Today is my last day before I go off on my unpaid break, so in effect I have only been given one paid days notice of redundancy. Is this fair / legal? Is there any action I should/could be taking. I'd really appreciate your help, thanks you. Sally
Submitted: 11 months ago.
Category: Employment Law
Expert:  Ben Jones replied 11 months ago.

Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.

Expert:  Ben Jones replied 11 months ago.

Hi Sally. Do you have a notice period within your contract?

Customer: replied 11 months ago.
Four weeks written notice on each side
Customer: replied 11 months ago.
Hello Ben
Are you still able to respond please?
Thanks
Sally
Expert:  Ben Jones replied 11 months ago.

Hi there and thank you for your response; please leave it with me. I am in court today so will prepare my advice during the day and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Thank you.

Expert:  Ben Jones replied 11 months ago.

Many thanks for your patience. It does not appear that you have actually been formally issued with notice of redundancy yet. You have been placed at risk of redundancy (i.e. that you may potentially be made redundant) but in the meantime the employer will have a duty to consult with you and try to find if there are any alternatives to making you redundant. If the consultation does not find anything to avoid the redundancy then you will eventually be made officially redundant and served with formal notice of redundancy. So I think you are slightly jumping the gun here – you would be due your contractual notice period and any redundancy but only once the consultation has been finalised and the employer had officially confirmed your redundancy by issuing you with formal notice of you being made redundant. Only once your redundancy has formally been confirmed following the consultation period will you be able to expect the payments you are due. By the looks of the timeline you have been given this will happen after the end of August. In the meantime you will be on unpaid leave because there is no automatic right to be paid whilst you are going through a redundancy consultation.

This is your basic legal position. I have more detailed advice for you in terms of the options you have should they fail to pay you what you are due, 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 is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you

Expert:  Ben Jones replied 11 months ago.

Hello, I see you have read my response to your query. If this has answered your question please take a second to leave a positive rating by selecting 3, 4 or 5 stars from the top of the page. I spend a lot of time and effort answering individual queries and I am not credited for my time until you leave your rating. If you still need further help please get back to me on here and I will assist as best as I can. Many thanks.

Ben Jones and 2 other Employment Law Specialists are ready to help you
Expert:  Ben Jones replied 11 months ago.

Thank you. 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:

1. Employment Tribunal - 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.

If they do not and you are still owed the money, then a new feature in the employment tribunal’s claims process is mandatory early conciliation with ACAS. This requires prospective claimants to notify ACAS and provide details of their intended claim and they would then try to negotiate between the claimant and respondent to seek out of court settlement in order to avoid having to take the claim to the tribunal. It is possible for the parties to refuse to engage in these negotiations, or that they are unsuccessful, in which case they would get permission to proceed with making the claim in the tribunal.

If negotiations are initiated and settlement is reached, then the claimant would agree not to proceed with the claim in return for the agreed financial settlement.

The conciliation procedure and the form to fill in can be found here:

https://ec.acas.org.uk/Submission/SingleClaimantPage

In terms of the time limits within which a claim must be presented, the early conciliation process places a ‘stop’ on that and the time between notifying ACAS and them issuing permission to proceed with the claim would not count for the purposes of these time limits.

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