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Topic Title: Redundancy pay
Topic Summary: Have i any more rights
Created On: 23 March 2013 05:22 PM
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 23 March 2013 05:22 PM
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Ampman

Posts: 1012
Joined: 06 February 2006

Hi all ,

I got made redundant in january id worked for the company for 18 years.

Had my redundancy payout today not happy they only paid me for 10 years service to the company

The company went LTD in 2003 so im thinking they must of terminated our employment back then and re employed us , No contract was ever re-issued to me stating that this had happened .

Company is no longer trading .

I am going to contest the decision has any one else ever contested redundancy payout how did you fair ?

Cheers
 23 March 2013 06:06 PM
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John Peckham

Posts: 7459
Joined: 23 April 2005

You may need to speak to an employment lawyer but from my personnel days I would have said the new limited company would have taken you over from the old company and you would have retained your employment rights under the TUPE regulations. The only thing not covered by TUPE are pension rights. So you should have got statutory redundancy based on 18 years service as a minimum. However I have not been in personnel for 10 years and then we had weekly employment law updates to keep us up to speed so I am very much out of date with current legislation and practice.Hope this helps.

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John Peckham

http://www.astutetechnicalservices.co.uk/
 23 March 2013 06:08 PM
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rocknroll

Posts: 8846
Joined: 03 October 2005

In a previous life mediation was something I got involved in and redundancy can sometimes be a complicated issue to deal with, use our calculator and information to give you some idea of what you should have received;

https://www.gov.uk/calculate-your-redundancy-pay

The best people to advise in this area is believe or not the CAB (Citizens Advice Bureau) they have some quite clever people working for them who are expert in employment law.

regards

-------------------------
"Take nothing but a picture,
leave nothing but footprints!"
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"Oh! The drama of it all."
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"You can throw all the philosophy you like at the problem, but at the end of the day it's just basic electrical theory!"
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Edited: 23 March 2013 at 10:59 PM by rocknroll
 23 March 2013 06:39 PM
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AncientMariner

Posts: 517
Joined: 14 December 2004

Earlier today I was checking the Minimum Wage requirements for a charity that I am involved with. Ccame across "Pay and Work Rights Helpline on 0800 9172368 on the GOV.UK website.

They may be of some help?

ISTR that Statutory Redundancy can be claimed even if the employer has ceased to exist - paid by the Benefits Agency I guess. Would be worth looking into.

Cheers!

Clive

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Clive S Carver GCGI IEng MIET
 23 March 2013 06:50 PM
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dg66

Posts: 1671
Joined: 11 January 2008

When i was made redundant i think the rules were ,statutory redundancy pay from the government 1 weeks money for every year of service upto a limit of 12 weeks @ £300 per week (i think its now gone up to £400) tax free and 1 weeks money for every year of service upto a limit of 12 weeks at your salery rate from your employer and subject to tax.

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Regards

Dave(not Cockburn)
 24 March 2013 10:13 AM
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Ampman

Posts: 1012
Joined: 06 February 2006

Just following up on this , are my old bosses entiltiled to redundancy beans he were employing themsevles through the ltd company
 24 March 2013 10:21 AM
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John Peckham

Posts: 7459
Joined: 23 April 2005

Yes as they are employees of the company.

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John Peckham

http://www.astutetechnicalservices.co.uk/
 24 March 2013 07:02 PM
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robuck

Posts: 49
Joined: 21 May 2002

Sorry to hear that if you belong to a union they be able to help.
 25 March 2013 08:52 AM
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chris1982

Posts: 35
Joined: 09 August 2007

another good source of advice is the IET benevolent fund

http://www.ietconnect.org/

gave me legal advice when a previous employer tried to withhold wages after I left employment,
 25 March 2013 11:08 AM
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AJJewsbury

Posts: 11462
Joined: 13 August 2003

When I was made redundant in the mid 1990s, after about 7 years with the company, it was something like a week's pay for every year, but both the amount per week and number of week were capped, so I basically ended up with a month's salary. What the miners and steel workers were getting at the time bore no resemblance what so ever.

- Andy.
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