A complex dismissal?

[Bobby D]

On Monday I was informed that I would be made redundant because costs were too high and the company was not going as planned.

 

I was worried they may not pay my final month there as they have a history of doing that with previous employees.

 

So on Thursday I sent an email requesting a redundancy letter outlining, final date of pay, and any redundancy payout I was due.

 

On Friday when I asked if I could get the redundancy letter I was informed by the same man who made me redundant that it was actually a termination of contract (even though I do not have one after being there for 8 months and asking for one on several occasions).

 

I am uncertain as to why they changed tack on the redundancy to termination of contract? (It was definitely redundancy and not a misunderstanding)

 

I thought maybe they are afraid that they did not follow the correct procedures for redundancy so they changed to termination of contract....?

 

I just want to be sure that they will be pay me at the end of the month. I am going to ask again on Tuesday for a letter confirming my last date of pay but really have no experience in these types of issues.

 

I am thinking that if they fail to commit in writing that they will pay me at the end of the month I will just leave immediately and seek other employment.

 

Any guidance would be greatly appreciated.

[elpulpo]

have they given a date of termination yet?

[Bobby D]

yes, just verbally they gave a date of 29th Jan 2010

[monkeychicken]

could it be simply to save the redundancy pay?

[Bobby D]

it could be but I just need to know that they will pay me at the end of the month.

 

and do you get redundancy pay after just 8 months?

[honeybee13]

Someone will correct me if I'm wrong, but I thought the minimum length of service was 2 years for this.

 

Good luck.

[elpulpo]

Right. First of all, you do have a contract with your employer. It might not be in writing (which it should be within 2 months of the start of your employment), but in the eyes of the law a contract was formed as soon as you agreed to start work there.

 

As you've only completed 8 months service, unfortunately they can terminate your employment legitimately, providing they give you notice (The statutory notice period being 1 week), and providing the reason is not one that would be deemed automatically unfair - unlawful discrimination/trade union membership/pregnancy/ various other statutory rights one has from the commencement of employment.

 

Can I ask, are you on National Minimum Wage, or something close?

I'd be surprised if they don't pay your final wage, they'd be causing themselves a lot of bother by doing so - Case in the Employment Tribunal / complaint to HMRC if you're on NMW.

Of course, you know these people better than I do.

Bear in mind; if you were to leave without giving them any notice, even though they've given notice to you, that might prompt them to withold payment.

It would be reasonable of them to give written notice of your termination though.

[elpulpo]

Someone will correct me if I'm wrong, but I thought the minimum length of service was 2 years for this.

 

Good luck.

Yah.

[Bobby D]

They have given me until the end of the month, which is cool but only if they pay me.

 

I'm on 25,000 so above minimum wage but not sensational.

 

However previously to my knowledge if the boss thinks the employee is no good he will just not pay the final month.... Do I risk it?

 

They are currently in lawsuits with 8 suppliers, and previous employees which makes me nervous.

 

I will ask on Tuesday if they have not progressed on the redundancy letter for a letter termination.

[elpulpo]

Well, if they didn't pay, you'd have a simple case to recover the money. It'd take a bit of time, but they wouldn't have an argument.