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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 61193
Experience:  Qualified Employment Solicitor
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I am about to be made redundant from a company i have been

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hello i am about to be made redundant from a company i have been with for 11 years and i have been told to give you a call on***********as i have some issues with the redundancy. By speaking to you are we able to arrange a face to face appointment?
JA: Have you discussed the termination with a manager or HR? Or with a lawyer?
Customer: I have just spoken to the managing director who is conducting the redundancy as we have no HR in place due to the company being very small.
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: i am an employee but not a member of any union.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: if it is ok i would like to call back tomorrow morning as i am at work now and there is no privacy to discuss this confidential matter.
JA: We keep all your personally identifiable information confidential and even have people that double check to make sure something doesn't slip through. Your question goes out to the Employment Lawyer and then gets published with the answer to help others with similar problems.
Customer: Thank you very much for your help and i will endeavour to call back tomorrow morning and discuss the matter in depth.

Hello, I’m Ben, a UK lawyer and will be dealing with your case today. Firstly, I need to ask some initial questions to determine the legal position.

I am not available for a phone call but if you can explain what your concerns are, I will get back to you in writing on here

Customer: replied 10 days ago.
I have been with a company for 11 years and now being made redundant. The redundancy offer letter i have received has the name of the employer but has not been signed. Does this letter have to be signed? As my salary is below 30000 per year do i have to pay tax on the notice period allowance of 11 weeks? The managing director has advised in the letter other people will be made redundant does he have to indicate who on the letter? Also i have a very serious matter which i need to discuss with yourselves and need advice on. Once my initial questions are answered i can discuss this. Thanks Mohammed.

Thank you. It is not a legal requirement for the letter to be signed so the employer could issue it without a signature. That does not make it invalid.

 

It makes no difference what your salary is – that is not what the £30k allowance is relevant to. Any contractual payments would be subject to tax and NI as normal so your notice period will always be taxable.

 

The employer has no obligation to indicate who else will be made redundant, in fact they owe the others a duty of confidence so this information will not be disclosed. You may however find out eventually through the grapevine.

 

Does this answer your query?

Customer: replied 9 days ago.
Dear Ben thank you very much for answering my questions. However I do have one pressing matter regarding my employer. In 2017 I called up HMRC to enquire about a tax rebate but I was extremely shocked to find out that the employer had sent my P45 to HMRC at the end of 2014. HMRC advised that they had no record of me being employed after 2014. Therefore what my employer was effectively doing was not paying my tax and NI to HMRC. I reported this matter to HMRC Fraud in 2017 and as the employer is now making me redundant how do I approach this matter as my pension contributions were not paid for more than 3 years by the company?

Hi there, non-payment of pensions contributions can be pursued as a breach of contract matter if needed through the County Court. Obviously, try to resolve it directly with the employer if you can but if they do not do so, you have the legal option open to you. Does this clarify things a bit more for you?

Customer: replied 8 days ago.
Dear Ben thank you for your email. When I reported the matter to HMRC Fraud in 2017 they told me not to alert the company in any way as they conduct their investigations. I am assuming the company would have not paid HMRC unless the fraud department approached them. HMRC has already confirmed that they have committed a crime therefore would you recommend I instruct a solicitor to write a letter in the first instance to see if the company takes action? Failing that I can purse the matter in court.

Nothing to lose by doing that, apart from the fees you have to pay the solicitor and the risk it may not make any difference. But it is not a legal requirement so entirely up to you

Customer: replied 8 days ago.
Thank you Ben before I take further action I will contact HMRC on Monday for an update.

No problem at all and best of luck

Customer: replied 7 days ago.
Dear Ben, another question as my position is being made redundant I believe the company cannot replace me is this correct?
Customer: replied 6 days ago.
Also can I ask will I be able to negotiate my notice pay in lieu if I was to leave within the 11 weeks notice period?

They should not have a like for like replacement – the whole point of redundancy is that the employer is claiming they need fewer people doing a particular job. The job could still remain, but if a few were doing the same job, it means reducing the overall number; or if it was a unique job – spreading out its tasks amongst others. However, a direct replacement, where there is no reduced requirement for people to do that job will mean it is not redundancy.

 

You can certainly try and negotiate payment in lieu of notice but that depends on the employer to be honest, it has to be agreed between the two of you

 

Does this clarify things a bit more for you?

Customer: replied 6 days ago.
Thank you very much

All the best

 

Customer: replied 6 days ago.
Dear Ben, if I have been given a 11 week notice period and have 15 days holiday remaining how does it work? Will it mean I can leave 15 days earlier as oppose to the 11 weeks or if I complete the full 11 weeks can the 15 days holiday be paid for? Thanks.

You can ask to take the remaining holidays as part of the notice period but the employer can reject that. In that case you will simply be paid what you are still owed by the time your employment terminates. Does this clarify things a bit more for you?

Customer: replied 6 days ago.
Thank you Ben

Most welcome

Customer: replied 5 days ago.
Dear Ben further to your answer do I legally have to take my remaining holiday as part of my notice period or can I just complete my notice period and ask the company to pay my accrued holiday? Thanks

depends if they give you enough notice to take it as part of the notice period. They have the legal right to do that as long as they give you notice that is twice as long as the holidays they want you to take, or it was already an option under your contract of employment

Customer: replied 5 days ago.
I have been given 11 weeks notice period and the company has advised that the 15 days holidays can be deducted from my notice period and I can leave on the 9th week and get paid for 11 weeks. However if I wish to leave on the 11th week then will the company have to pay me for the 15 days accrued holiday? Thanks.

That is not your decision I'm afraid - the company has given you plenty of notice to force you to leave early and use up your remaining holidays as part of your notice period. So your plan won't work in the circumstances

Customer: replied 5 days ago.
Ok thanks for that Ben

All the best

Customer: replied 4 days ago.
Dear Ben apologies I have one further question my company has offered a final redundancy package with a figure I would like to accept. However they advised they would be able to let me go at the end of this month. As my notice period is 11 weeks can I still complete the full 11 weeks? Thanks.

you cannot force them to allow that but instead, you should push for payment in lieu of notice, so to be paid the equivalent of any remaining notice period, even if you do not work it

Customer: replied 4 days ago.
Thank you but I do have the option to work the full 11 weeks notice period is this correct?

yes but the employer can decide not to allow that, in which case they should pay you for it instead

Customer: replied 4 days ago.
Thank you for your advise Ben I will ask my employer if I am able to work the 11 weeks notice.

no worries

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