redundancy payments

[judder]

Where I work they have just announced redundancies for Xmas. Bah humbug..
We have been told that they will only pay redundancy on the drip over a 12 month period.
As far as I know this is illegal but they seem to think by the time anybody fights it and takes them to court it will take over 12 months anyway. .
They have done this at another company in the group and eventually lost a union lead court case over it but this takes to much time..
Any ideas apppreciated. .

 

[400bhp]

get legal advice for something so important, not internet advice.

 

[Deleted member 26715]

Speak to the union that took the case to court, if there is a president (wrong word) then it might be a short cut

Alan..

 

[rikki]

Precedent.

Take action NOW.
They might not have any workers if they're not careful.

 

[asterix]

People like the Unions when they need them. A friend, albeit a D4ily M4il reader, has just joined having been bullied by the boss. Her tune regarding unions has taken a dramatic turn for the better!

 

[Deleted member 26715]

Precedent.

LOL thank you, I was just finishing the post when I should have been on a conference call & my mind went blank, I knew I was wrong but couldn't work out for the life of me how to spell what I actually wanted.

Alan..

 

[ASC1951]

We have been told that they will only pay redundancy on the drip over a 12 month period.
As far as I know this is illegal

I'm sure that's correct. It has to be paid on your last working day 'or as soon as possible thereafter.'

but they seem to think by the time anybody fights it and takes them to court it will take over 12 months anyway. ..

It shouldn't take anything like 12 months. You could apply either to an Employment Tribunal or to the County Court and given that there is no defence to delay you could apply for summary judgement. Don't forget that you can also claim interest on any money paid late at 8%.

On redundancy generally, see e.g. http://www.acas.org.uk/index.aspx?articleid=1611
Have your employers complied with the consultation requirements, if it is a large scale redundancy?

 

[Arjimlad]

Employment Tribunal judgment then enforce it with High Court Enforcement Officers.

This won't take 12 months.

The risk is if the company goes into liquidation - then you will have a claim under national insurance for statutory redundancy against the redundancy payments unit.

 

[subaqua]

There really is no need to join a Union imo. Statuetory redundancy is covered by the law of statue hence the name. Either they obey the law or you go to the relevant authorities - I'd start with this: https://www.gov.uk/redundant-your-rights

there is, they help you in far more situations than this . and one "ant" on their own won't make much difference but a fair few will.

 

[swee'pea99]

As ever, a blizzard of genuinely helpful and sensible advice from CC. Again as ever, my own suggestion would be that for anythig like this, your first call should be to Citizens Advice. That's what they're there for, they're very good at it, they can give you really good and expert advice, and they're free.

 

[biggs682]

had the same many years ago , the co stated that if they paid the 6 people they were making redundant that would mean the place would have to close ! it took them ages to pay up full amount .

go get legal advice or union advise , mine was a small family owned business

 

[judder]

Thanks for all your replies
It's always good to post on here and get helpful advice.

 

[Archie_tect]

Alan,
Ring ACAS tomorrow morning and they will help you. Ring 08457 47 47 47.
http://www.acas.org.uk/index.aspx?articleid=1410

 

[Drago]

It won't take 12 months to resolve if you employ bailiffs to seize goods to the value of that which you're owed.