Employment Lawyers Can Answer Your Employment Law Questions
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
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?
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?
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
No problem at all and best of luck
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?
All the best
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?
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
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
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
yes but the employer can decide not to allow that, in which case they should pay you for it instead
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