Any experts on employment law?

[MontyVeda]

I got laid off from my job a week last Friday. In my contract I'm entitled to a week's notice, but wasn't given a weeks notice... they wanted me to go as soon as they'd told me. As I understand it, we're all entitled to at least a weeks notice unless the reason for dismissal is 'gross disobedience' (stealing, fighting, etc.).I asked for my weeks notice, but my boss told me that he couldn't afford it... so I was out the door within 10 minutes.

Today, another colleague from the same firm has been given the same treatment... made redundant/laid off due to lack of funds. They said they'd pay him till the end of the week (tomorrow), which is far short of the one week's notice we're entitled to.

Even if the weeks notice wasn't worked, are we still entitled to get paid for it?

 

[Puddles]

I got laid off from my job a week last Friday. In my contract I'm entitled to a week's notice, but wasn't given a weeks notice... they wanted me to go as soon as they'd told me. As I understand it, we're all entitled to at least a weeks notice unless the reason for dismissal is 'gross disobedience' (stealing, fighting, etc.).I asked for my weeks notice, but my boss told me that he couldn't afford it... so I was out the door within 10 minutes.

Today, another colleague from the same firm has been given the same treatment... made redundant/laid off due to lack of funds. They said they'd pay him till the end of the week (tomorrow), which is far short of the one week's notice we're entitled to.

Even if the weeks notice wasn't worked, are we still entitled to get paid for it?

In short yes but phone ACAS

Helpline
The Acas Helpline is the place to go for both employers and employees who are involved in an employment dispute or are seeking information on employment rights and rules. The Helpline provides clear, confidential, independent and impartial advice to assist the caller in resolving issues in the workplace.

Call the Helpline on 08457 47 47 47.
Monday-Friday, 8am-8pm and Saturday, 9am-1pm

 

[MontyVeda]

thanks for that Puddles (edit, and others).

According to ACAS, the only way I'd not be entitled to my week's notice is if i was offered it, but refused to work it.

 

[gavintc]

I have seen people removed directly from interview room as the danger they represented to the organisation was significant. Personal effects bundled by a co-worker and delivered to the car park. The individual was given money in lieu of notice.

 

[sazzaa]

It's quite normal to be asked not to work your notice, but you're still due pay for it, and probably for any outstanding holidays too.

 

[biggs682]

years ago i got made redundant on a friday afternoon after having just gone home and back for lunch , they asked me to work till end of month when hopefully they might be able to pay me my full redundancy allowance , if not i would have to wait till they could afford to pay it ..... needless to say i walked straight away and sure enough had to wait 6 weeks till getting paid .

 

[MontyVeda]

...
I suspect that you won't get the money and that you'll find the ET process to be too complicated and time consuming to make it worth following.

the week owed plus the accrued holidays will be worth about 4-500 pound. I've emailed both my former bosses and told them what i expect at the end of the month... now I'll just wait and see. I'm more than happy to go ET on their asses if need be.

 

[bikingdad90]

I understand you are angry but If you do go down the ET route bear in mind that they will probably refuse to meet with you in the first instance and ask you to raise a grievance instead with them in line with company policy. You don't mention this avenue in your post so can only presume you haven't tried it. My reason for bringing it up is that the laws on ET has also changed recently, there is now a small fee attached to it that you need to pay the courts. This was brought it to reduce the number of ET that could be resolved by a grievance process.


If your employer has gone into administration (hense the leave with no notice) you can claim back any wages due from the insolvency practice should your employer be unable to cough up.

 

[classic33]

I think I'd make a call to ACAS and see what they suggest!
http://www.mybusinesschat.net/threa...hange-them-whenever-you-want-to.132/#post-875

 

[colly]

I got laid off from my job a week last Friday.

Sorry to hear that. I hope you manage to get fixed up again fast.

 

[GrumpyGregry]

Good luck with finding another job and I hope they do the decent thing by you in paying you in lieu of notice as is your right.

 

[MontyVeda]

thanks guys.

 

[MontyVeda]

I understand you are angry but If you do go down the ET route bear in mind that they will probably refuse to meet with you in the first instance and ask you to raise a grievance instead with them in line with company policy. You don't mention this avenue in your post so can only presume you haven't tried it. My reason for bringing it up is that the laws on ET has also changed recently, there is now a small fee attached to it that you need to pay the courts. This was brought it to reduce the number of ET that could be resolved by a grievance process.


If your employer has gone into administration (hense the leave with no notice) you can claim back any wages due from the insolvency practice should your employer be unable to cough up.

A small fee!!!! the bastards.

Fees
You will have to pay a fee. The amount depends on your type of case. The most common types are listed in the table.

Type of case Claim fee Hearing fee
Unpaid wages £160 £250
Redundancy pay £160 £250
Breach of contract £160 £250
Unfair dismissal £250 £950
Equal pay £160 £250
Discrimination £250 £950
Whistleblowing £250 £950
You can pay by debit or credit card if you apply online.

You can pay by cheque or postal order (made out to ‘HM Courts and Tribunals Service’) if you send your claim by post.

...that's like... FOUR HUNDRED AND TEN QUID.... so anyone earning over £13,000pa, has to pay the courts over £400 to get a weeks owed wages... which pretty much means that anyone earning between 13grand and 20grand (i.e. most of us) cannot claim their rightful week in lieu, without spending the equivalent or more to get it... scandalous!

 

[BimblingBee]

In summary yes...

Obviously there is the et route however you may want to consider the small claims route.

If you have a contract and they've breeched it then the small claims route would apply too.

Both processes are straightforward enough and if it's just you 500 quid you are looking to recover then it's worth considering...

However if someone can't pay then I'm afraid you may be throwing good money after bad.

There is lots of info online but definitely consider the fees involved for either path.....

Good luck