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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 50161
Experience:  Qualified Employment Solicitor
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Hi, I have been made redundant and my last day was earlier

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Hi, I have been made redundant and my last day was earlier this month. I am in dispute with my employer and am going to ask them to withhold the redundancy payment until this is either heard by the employment tribunal or if we reach an agreement (which ever is earlier). Is the employer duty bound to withhold the payment, or can they make the payment irrespective?

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. What is the dispute over?

Customer: Being treated unfairly, not the same as others in the same situation, not following company policy and procedure, and withdrawal of my legal rights.
Ben Jones :

Why do you wish them to withhold the redundancy payment, how will that affect your situation?

Customer: I was only advised that I could use some of my redundancy payment to pay a one off AVC contribution on 27 February. I requested information on the funds involved so I could discuss with my pensions advisor, these were only provided last Friday. If they make the payment today I have not had sufficient time to access how much or what funds to put my one off payment into.
Ben Jones :

you cannot prevent the employer from making the payment. Once the redundancy has been finalised and your employment has terminated, the employer can make the necessary termination payments, such as your wages to date and any redundancy payment due to you. If you have any issues with the procedure they followed or the dismissal itself then that is a separate matter. I am afraid there is simply no way to stop the payment being made and that is entirely at the employer's discretion

Customer: Ok thanks.
Customer: one more question
Customer: in my march pay packet they took the full month for my medical insurance, ie it went on past my termination date. Is that normal? I would have expected it to end on my termination date. There has been no mention previously of they would do that. In fact all material I have from them states it ends on termination.
Ben Jones :

such payments should be calculated pro rata depending on how long you have been employed in the relevant month for which the payment is made, unless there is a specific contractual term that states you are liable for the full month's payments regardless of whether you are there or not

Customer: Thank you
Ben Jones :

You are welcome

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