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Ed Turner
Ed Turner,
Category: Employment Law
Satisfied Customers: 1241
Experience:  Director and Consultant Solicitor (Self-Employed) at Ed Turner LLB Limited
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I have been off work with a medical certificate for 22

Customer Question

Hello, I have been off work with a medical certificate for 22 months. In that time the employer has not paid me anything but has kept me on their books and sent me 'zero payslips' every week and still has my P45. I could have gone back to work some 18 months ago, but, they would not allow me back to work with a walking stick by my side in case it was needed. My GP and hospital consultants say that is 'discrimination' as they have not astked me at any time to see their H&S officer or OT?. My job is only weekends and sitting down/walking around an office-cum-showroom for a conservatory Company. It is not hard work and all of the work involved I could have done?. Now, after this Covid-19 they had said 'dismissal by way of redundancy', unsure if that would be right. It is nto just me, they ahve made several redundant but they are not closing down ro going into administration. Upon looking on companies House, they are behind with the HMRC, their next accoutns are due 20/07/2020. their previous year is showing that they have drastically overspent as they have leased vans, cars etc. It seems to me that they are running on money in from customers who order Conservatories from them as their proceedure is to take a 10% deposit and then 3 x stage payments after. The last one being upon completion fo the job.... Help please.
Submitted: 7 days ago.
Category: Employment Law
Expert:  Ed Turner replied 7 days ago.

Hello. I am Ed, a Solicitor qualified in England & Wales with over a decade’s experience in the legal profession advising clients.

I specialise in Commercial Contracts, Business Transactions, Employment, Dispute Resolution, Personal Injury and Road Traffic Law and will be able to resolve your legal problem today.

Regarding the site’s automatic offer of a Premium Service Phone Call, I shall be delighted to talk with you by phone to discuss your issue in greater detail if you accept the offer.

This is a complicated matter which requires a detailed discussion where I can provide bespoke advice. I suggest that we have a detailed telephone discussion and can offer a Premium Service Phone Call. If you accept, I can pass you my direct contact details for a bespoke document review and telephone advice.

Expert:  Ed Turner replied 5 days ago.

Unfortunately, you have less than the two years’ minimum continuous service with your employer to qualify to bring an Unfair Dismissal or Statutory Redundancy Claim against your employers.

Therefore, you are limited to a claim for Wrongful Dismissal which is essentially a claim for breach of contract for your contractual notice pay and accrued benefits net of PAYE Income Tax and National Insurance.

Your employer does not need to follow a fair investigation, disciplinary or redundancy selection process before deciding to dismiss you. If they pay you your contractual entitlements, you will not have lost anything and therefore will have no further claims against them.

You may bring this claim in the Regional Employment Tribunal if damages do not exceed £25,000, or in the civil County Courts which do not have a cap on the damages value that parties can claim.

Expert:  Ed Turner replied 5 days ago.

I hope this resolves your enquiry. Please revert to me if you require any clarification of my answer to your question and I will be delighted to assist.

Otherwise, I shall be grateful if you will please mark your enquiry as “Closed” and give me a “Positive” rating in order to conclude this matter.

Kind regards

LawyerEd

Customer: replied 5 days ago.
Hi Ed, What my employers have done is they have taken my employment as from 10th may 2016, thus accruing 4 years of employment with them. they are aiming to pay me the statutory redundancy pay which apparently is one and a half weeks pay for every completed year. Plus one month (4 weeks) pay, plus I have accrued 17 days holiday pay. the redundancy amount is tax free and everything else is taxable. I am semi-retired so I do get my state pension, so, pay tax on my work which is only weekends only which amounts to 17 hours per weekend in total. I am still in conversation/emails with them to ask them if they would consider an 'amicable amount as compensation due to them NOT allowing me back to do my job of work for at least 18 of those 22 months. Hopefully, they will come up with something, as there is not much work out there at the moment and my age (almost 69 years) does not help matters and still have a mortgage and bills to pay. I could consider industrial tribunal, but have said would rather part amicably.
Expert:  Ed Turner replied 5 days ago.

Thank you clarifying your length of employment.

As you have over two years’ continuous employment, then you are entitled to a Statutory Redundancy Payment (“SRP”) in addition to your notice pay. The calculation for SRP is calculated by the Government’s formula which you can find on the .Gov Website (https://www.gov.uk/calculate-your-redundancy-pay) and is based on the Employee’s age, net weekly salary and length of employment at the Effective Date of Dismissal.

In addition to SRP, you are entitled to your Notice Pay under your Contract of Employment. You may either work your full notice period or be paid Payment In Lieu of Notice (“PILON”) net of PAYE Income Tax and National Insurance Contributions, as well as accrued Holiday Pay and any other contractual benefits, such as performance-related bonus.

The employer must follow fair a Redundancy Selection Process before making you Redundant and cannot do so based on the Employee having a Protected Characteristic under the Equality Act, such as Race, Gender, Religion or Belief, Pregnancy and Maternity, Trade Union Activity or being a Whistleblower.

Although Redundancy is a Dismissal for Employment Rights purposes, it is a potentially fair reason for Dismissal and is probably the “cleanest” and least contentious way to terminate an employee’s contract of employment as it is the position that is redundant, not the employee themselves.

Customer: replied 5 days ago.
Thanks for your very thorough advice. It is not just myself. The company has 3 conservatory offices/showrooms split about = one in Bristol, one in maidenhead, one in Thatcham/Newbury. About 9 staff have gone, alll of us from the 'sales/face-toface customer contact' and the only persons in each of these places at weekends. they say that they are not closing down. all 3 of us where I work are 66 years, almost 69 years (me) and 74 years, all women. they say they will get the sales reps to manage the showrooms/offices - which thatcham was their head office/registered office, but, they have on companies house over the past year changed their office address to 'another' named company, but same address in Bristol. they are supposed to have a full roder book, yet they tell us they have no new orders in since the covid-19 in March 2020?. They told us all that they are having to be able to pay their suppliers to keep going... we rather think that comparing their 2018/9 figures we know of so far, that on those they have overspent, so, they are probably using their customers monies to keep going as they would normally take a 10% deposit and then 3 stage payments from start to finish of the job... Trouble is I class myself as does one other of the ladies as semi-retired and jobs will not come up that easily. I have sent to the Company and said it they were to be able to consider anything else (such as a compensation/goodwill gesture payment) due to them not following the H&S and OT proceedures to try to get me back to work amicably... and also the possibility of a 'Reference' to help me with gaining any future employment... Not heard anything back yet.
Expert:  Ed Turner replied 4 days ago.

I am delighted that I have resolved your enquiry.

Please give me a five-star rating on the Portal in order to close this thread. Thanks. :)

Kind regards

LawyerEd

Customer: replied 3 days ago.
Excellent help from Ed Turner.... 5* rating.
Expert:  Ed Turner replied 2 days ago.

Thanks for your comments. Please use the panel on the portal to give me a positive rating.