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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48497
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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my company is making me redundant from the 22/09/14 two days

Resolved Question:

my company is making me redundant from the 22/09/14 two days after my pay day 20/09/14 this month I will get my normal pay plus bonus which will pay my normal monthly bills.
my problem is my company are going to pay my 8 weeks pay in leu of notice+holiday not taken + van pay on 20/10/14, they have made me unemployed, I want to set up my own company, self employed, i need to buy a van, tool, stationary etc. they have my money regardless of my redundancy payments. do they have a right to withhold the 8 weeks in lie of notice until their pay day, they know my bonus/ holiday entiltlement from the day I finish. but the 8 weeks fixed weekly wage they already have on their system, so why should I have to make my family suffer because I cant buy the tools to provide for them. many thanks, ***** ***** in despair,
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.
Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today. When is your next normal pay date?

Customer:

my next pay date is 20/09/14.

Ben Jones :

Thank you. I am afraid the employer is not doing anything wrong by withholding your pay until the 20 October. By contract this would be your next pay date and once your employment has been terminated the employer is not obliged to pay you your normal pay and any associated payments before the contracted pay date which in your case would be the 20 October because that is the next pay run after your employment terminates. Some employers may decide to pay you earlier than that, but there is certainly no legal obligation on them to do so and what you will both be bound by the the contract which is in place and that states that you will be paid on a certain date every month and as that is the next date after your employment terminates, that is when the employer has to pay you what you are due. It may appear unfair to you, but it is certainly not unlawful and it does follow the contract which you have in place and which you will be bound by.

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

Customer:

many thanks for your help.

Ben Jones :

you are most welcome, all the best

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