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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 73959
Experience:  Qualified Solicitor
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I have been made redundant and have had my notice period. My

Customer Question

I have been made redundant and have had my notice period. My contract officially finished yesterday. My pay has been calculated and
JA: Have you discussed the termination with a manager or HR? Or with a lawyer?
Customer: no
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: I was an employee
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: my holiday pay has been calculated incorrectly I believe. my employer claimed furlough for me during my notice period. in jan and feb I worked some part time hours which my employer did not pay me for and claimed furlough for. my pension contributions are missing and I was on furlough last year and received no holiday pay.
Submitted: 20 days ago.
Category: Law
Expert:  Ben Jones replied 20 days ago.
Hello, I’m Ben. It’s my pleasure to assist you today. I may also ask for some preliminary information to help me determine the legal position.
Expert:  Ben Jones replied 20 days ago.

Can I just check how long you had worked there for? and when did this employer's holiday year run from and to?

Customer: replied 20 days ago.
ok
Expert:  Ben Jones replied 20 days ago.

Thank you. Can I just check how long you had worked there for? and when did this employer's holiday year run from and to?

Customer: replied 20 days ago.
I worked there for 18 months as an employee and holiday year was from 1st January
Expert:  Ben Jones replied 20 days ago.

OK I understand and thank you for providing this information. Please do not worry and leave it with me for now; I will get back to you with my answer as soon as I can which will be at some point today. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.

Customer: replied 20 days ago.
thanks
Expert:  Ben Jones replied 20 days ago.

Many thanks for your patience, I am pleased to be able to continue assisting with your query now. First of all, I am sorry to hear about the issues you have experienced in your situation.

If you have not been paid correctly, that is something you can consider taking further by making a claim in the Employment Tribunal if needed. Before you do so you should try and resolve this directly with the employer, by making a formal request to be paid what you are due and threatening to take it further legally if required.

If you need to claim, before a claim can be made against the employer in the Employment Tribunal, the affected employee would be required to participate in a process known as ‘early conciliation’, which is administered through the Advisory Conciliation and Arbitration Service (ACAS).

The purpose of this process is to allow ACAS to mediate between the employee and their employer to agree on an out-of-court settlement in order to avoid the need for legal action in the Employment Tribunal. The employer does not have to engage in these discussions and the process is voluntary for them. If they refuse to participate, or the conciliation is unsuccessful, the employee will be issued with a certificate by ACAS allowing them to make a claim.

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

In order to initiate the early conciliation procedure, ACAS must be contacted, either online by filling in the following form (https://tell.acas.org.uk/find-a-solution-to-your-employment-dispute), or by phone on 0300(###) ###-#### They will explain the process and what happens next and get the ball rolling on your behalf.

If the early conciliation process was not successful, ACAS have issued a certificate to confirm that and you still wanted to make a formal claim in the Employment Tribunal, the claim can be initiated via the following link:

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

Expert:  Ben Jones replied 20 days ago.

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.

Customer: replied 19 days ago.
Ive looked into the ACAS early reconciliation. Is there a time frame to make these claims? I have currently written a letter hoping to resolve the situation.I didn't know about my holiday from last year. but wasn't expecting to made redundant after being kept on furlough for so long
Expert:  Ben Jones replied 19 days ago.

There is a time limit of 3 months from the date you were incorrectly paid by the employer.