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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 60581
Experience:  Qualified Solicitor
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Assistant: How can I help? Could i get some advices

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Good afternoon
Assistant: Hi. How can I help?
Customer: Could i get some advices regarding redundancy pay and should look the process if my employer made me redundancy
Assistant: Have you discussed this with a manager or HR? Or with a lawyer?
Customer: That's the issues what I got with them manager last day of work just told me and now they not inform me about anything if thats make sense
Assistant: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: I was employee
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: No

Hello, my name is Ben, I am a qualified lawyer and I will be assisting you with your question today.

Please provide some more details about your situation

Customer: replied 7 days ago.
Hello so i was made redundancy after 5 years in the bussines 2 weeks ago my manager just told me they have to close the bussines without any explain now my issues is he is not even explain properly what gona happen now.After lots of text msg what i was sent to him seem like he just ignore me.
Customer: replied 7 days ago.
Also today i receive p45 which mean he didn't pay me for any unpaid holiday and notice period.

Did you receive any redundancy pay?

Customer: replied 7 days ago.
No i didn't
Customer: replied 7 days ago.
No even any latter

Ok thanks. According to the Employment Rights Act 1996, redundancy occurs in the following circumstances:

 

1. Business closure – where the whole of the employer’s business is closed

2. Workplace closure – closure or relocation of the location where the employee worked

3. Reduced requirement for employees to carry out work of a particular kind

 

So it is likely that this would have been a redundancy situation. The focus then shifts on the remainder of the redundancy procedure. This would look at how the employer consulted with employees, whether any suitable alternative employment was offered to those at risk and the general fairness of the redundancy procedure applied by the employer.

 

If they simply proceeded with redundancy, without any consultation or considering suitable alternative employment, then the redundancy could be procedurally unfair, even if there was a genuine reason for it.

 

On top, you would be entitled to receive your contractual notice period, any pay for time already worked and accrued holidays, and of course redundancy pay. If the employer has not followed a fair procedure and has not paid you what you are due, you can make a claim for all of these in the Employment Tribunal.

 

Before a person can make a claim in the employment tribunal, they would be required to participate in mandatory early conciliation through the Advisory Conciliation and Arbitration Service (ACAS).

 

The purpose of this process is to allow ACAS to mediate between the claimant and respondent to agree on an out of court settlement in order to avoid the need for legal action in tribunal. The respondent does not have to engage in these discussions, or if they do and the talks are unsuccessful, the claimant will be issued with a certificate allowing them to make a claim.

 

However, if a settlement is reached, the claimant would agree not to proceed with the claim in return for the agreed financial settlement. Other terms can also be agreed as part of the settlement, such as an agreed reference.

 

To initiate the conciliation procedure ACAS can be contacted online by filling in the following form (https://ec.acas.org.uk/Submission/SingleClaimantPage), or by phone on 0300 123 1100.

 

If the conciliation process was not successful and you then wanted to make a formal claim in tribunal, you can do so here:

 

https://www.employmenttribunals.service.gov.uk/apply

 

Does this answer your query?

Customer: replied 7 days ago.
Thank you

All the best

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