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Redundancy!
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By (user no longer on site) OP
over a year ago
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Does anyone have any advice on redundancy during covid? Myself and 3 employees have been made redundant, I myself found a new job and started at the middle of June. We get paid In arrears so I got my last furlough payment on the 30th of June. Which was for may/June
My previous employer has put 30/6 on my p45. Ive received no redundancy and he’s saying my furloughed pay was basically in replacing redundancy pay. I’ve only worked there 3 years as other 2 employees have. They received a pay in July but I never as I said I started a new job ( but I made clear I wasn’t resigning).
Sorry if not clear. Just wandering if anyone has any experience as I know I’m/were entitled to redundancy but was also wandering about pay in arears and holiday pay from April untaken.
He’s not being very helpful at all and making out we should be grateful for our furlough pay. |
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By (user no longer on site) OP
over a year ago
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"I would contact citizens advice and your MP about this."
I have, they said yes we’re entitled. I was just wandering if anyone had any experience in this field or it’s happened to them.  |
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By (user no longer on site) OP
over a year ago
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"Look at the ACAS web site for guidance.
Employers can use furlough pay, I believe, as garden leave pay.
When did they serve redundancy notice? "
They didn’t really, just said here’s your last furlough pay on a group chat, we had to ask so are we being made redundant, which he said “yes”. |
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By (user no longer on site) OP
over a year ago
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"I didn't think they were allowed to use furlough pay as redundancy
As understand it your still entitled to statutory redundancy pay"
You are!! And yes they aren’t allowed as furlough is government payed. Redundancy is employer paid |
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By (user no longer on site)
over a year ago
|
"Does anyone have any advice on redundancy during covid? Myself and 3 employees have been made redundant, I myself found a new job and started at the middle of June. We get paid In arrears so I got my last furlough payment on the 30th of June. Which was for may/June
My previous employer has put 30/6 on my p45. Ive received no redundancy and he’s saying my furloughed pay was basically in replacing redundancy pay. I’ve only worked there 3 years as other 2 employees have. They received a pay in July but I never as I said I started a new job ( but I made clear I wasn’t resigning).
Sorry if not clear. Just wandering if anyone has any experience as I know I’m/were entitled to redundancy but was also wandering about pay in arears and holiday pay from April untaken.
He’s not being very helpful at all and making out we should be grateful for our furlough pay. "
Surely if you made clear that you were resigning then you don't get redundancy....
I am not an expert but there are some very good law firms out there that act on a no win no fee basis and will only take on your case if they have a chance of wining... |
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By (user no longer on site) OP
over a year ago
|
"I didn't think they were allowed to use furlough pay as redundancy
As understand it your still entitled to statutory redundancy pay
You are!! And yes they aren’t allowed as furlough is government payed. Redundancy is employer paid "
So basically he’s saying he’s kept us on as a favour in replace of redundancy, but he never once made that clear. |
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By (user no longer on site)
over a year ago
|
"I didn't think they were allowed to use furlough pay as redundancy
As understand it your still entitled to statutory redundancy pay
You are!! And yes they aren’t allowed as furlough is government payed. Redundancy is employer paid "
No, I said the garden leave element of your redundancy notice. Not redundancy pay itself. That has to be paid by the employer. |
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By (user no longer on site) OP
over a year ago
|
"Does anyone have any advice on redundancy during covid? Myself and 3 employees have been made redundant, I myself found a new job and started at the middle of June. We get paid In arrears so I got my last furlough payment on the 30th of June. Which was for may/June
My previous employer has put 30/6 on my p45. Ive received no redundancy and he’s saying my furloughed pay was basically in replacing redundancy pay. I’ve only worked there 3 years as other 2 employees have. They received a pay in July but I never as I said I started a new job ( but I made clear I wasn’t resigning).
Sorry if not clear. Just wandering if anyone has any experience as I know I’m/were entitled to redundancy but was also wandering about pay in arears and holiday pay from April untaken.
He’s not being very helpful at all and making out we should be grateful for our furlough pay.
Surely if you made clear that you were resigning then you don't get redundancy....
I am not an expert but there are some very good law firms out there that act on a no win no fee basis and will only take on your case if they have a chance of wining..."
I WASNT resigning, I made that clear. I got a new job knowing I’d need one probably. But I never resigned. My other 2 work friends haven’t yet sought employment as they were under the impression they’d be back at work soon ( I knew deep down so looked for a job asap) |
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By (user no longer on site) OP
over a year ago
|
"I didn't think they were allowed to use furlough pay as redundancy
As understand it your still entitled to statutory redundancy pay
You are!! And yes they aren’t allowed as furlough is government payed. Redundancy is employer paid
No, I said the garden leave element of your redundancy notice. Not redundancy pay itself. That has to be paid by the employer. "
He hasn’t paid anything, my last pay was June and that was furlough pay at 80%. Since then nothing and my p45 says last day of employment 30/6. But my June pay was for may/June. |
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By (user no longer on site) OP
over a year ago
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"If you're furloughed and then take a new job, isn't that in effect resignation?"
No. I’ve not resigned. I got made redundant. I took on another job which was not interfering with my first job hours (just weekends) |
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"Does anyone have any advice on redundancy during covid? Myself and 3 employees have been made redundant, I myself found a new job and started at the middle of June. We get paid In arrears so I got my last furlough payment on the 30th of June. Which was for may/June
My previous employer has put 30/6 on my p45. Ive received no redundancy and he’s saying my furloughed pay was basically in replacing redundancy pay. I’ve only worked there 3 years as other 2 employees have. They received a pay in July but I never as I said I started a new job ( but I made clear I wasn’t resigning).
Sorry if not clear. Just wandering if anyone has any experience as I know I’m/were entitled to redundancy but was also wandering about pay in arears and holiday pay from April untaken.
He’s not being very helpful at all and making out we should be grateful for our furlough pay.
Surely if you made clear that you were resigning then you don't get redundancy....
I am not an expert but there are some very good law firms out there that act on a no win no fee basis and will only take on your case if they have a chance of wining...
I WASNT resigning, I made that clear. I got a new job knowing I’d need one probably. But I never resigned. My other 2 work friends haven’t yet sought employment as they were under the impression they’d be back at work soon ( I knew deep down so looked for a job asap)"
You may find your contract of employment didn't allow you to take another job. |
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By (user no longer on site)
over a year ago
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"If you're furloughed and then take a new job, isn't that in effect resignation?
No. I’ve not resigned. I got made redundant. I took on another job which was not interfering with my first job hours (just weekends) "
So the new job has no bearing on your former job anyway?
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By (user no longer on site) OP
over a year ago
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"If you're furloughed and then take a new job, isn't that in effect resignation?
No. I’ve not resigned. I got made redundant. I took on another job which was not interfering with my first job hours (just weekends)
So the new job has no bearing on your former job anyway?
"
Nope non what so ever. I actually applied for the job I’m in now before Covid. As a second job. |
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By (user no longer on site)
over a year ago
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"Does anyone have any advice on redundancy during covid? Myself and 3 employees have been made redundant, I myself found a new job and started at the middle of June. We get paid In arrears so I got my last furlough payment on the 30th of June. Which was for may/June
My previous employer has put 30/6 on my p45. Ive received no redundancy and he’s saying my furloughed pay was basically in replacing redundancy pay. I’ve only worked there 3 years as other 2 employees have. They received a pay in July but I never as I said I started a new job ( but I made clear I wasn’t resigning).
Sorry if not clear. Just wandering if anyone has any experience as I know I’m/were entitled to redundancy but was also wandering about pay in arears and holiday pay from April untaken.
He’s not being very helpful at all and making out we should be grateful for our furlough pay.
Surely if you made clear that you were resigning then you don't get redundancy....
I am not an expert but there are some very good law firms out there that act on a no win no fee basis and will only take on your case if they have a chance of wining...
I WASNT resigning, I made that clear. I got a new job knowing I’d need one probably. But I never resigned. My other 2 work friends haven’t yet sought employment as they were under the impression they’d be back at work soon ( I knew deep down so looked for a job asap)"
Sorry, misread in my tired state  |
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By (user no longer on site)
over a year ago
|
"I didn't think they were allowed to use furlough pay as redundancy
As understand it your still entitled to statutory redundancy pay
You are!! And yes they aren’t allowed as furlough is government payed. Redundancy is employer paid
No, I said the garden leave element of your redundancy notice. Not redundancy pay itself. That has to be paid by the employer.
He hasn’t paid anything, my last pay was June and that was furlough pay at 80%. Since then nothing and my p45 says last day of employment 30/6. But my June pay was for may/June. "
I have just gone onto ACAS
If you type in ACAS Redundancy on Google it will take you straight there and should answer most of your questions. |
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By (user no longer on site) OP
over a year ago
|
"I didn't think they were allowed to use furlough pay as redundancy
As understand it your still entitled to statutory redundancy pay
You are!! And yes they aren’t allowed as furlough is government payed. Redundancy is employer paid
No, I said the garden leave element of your redundancy notice. Not redundancy pay itself. That has to be paid by the employer.
He hasn’t paid anything, my last pay was June and that was furlough pay at 80%. Since then nothing and my p45 says last day of employment 30/6. But my June pay was for may/June.
I have just gone onto ACAS
If you type in ACAS Redundancy on Google it will take you straight there and should answer most of your questions. "
I’ve already done that. My ex partner is an accountant and he pointed me to the same website. I was just curious if anyone else had any experience |
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By (user no longer on site)
over a year ago
|
"If you're furloughed and then take a new job, isn't that in effect resignation?
No. I’ve not resigned. I got made redundant. I took on another job which was not interfering with my first job hours (just weekends)
So the new job has no bearing on your former job anyway?
Nope non what so ever. I actually applied for the job I’m in now before Covid. As a second job. "
So going back to what you said at the start, you got notice mid June and were paid to the end of June, did you get 2 weeks redundancy pay? |
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By (user no longer on site) OP
over a year ago
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"If you're furloughed and then take a new job, isn't that in effect resignation?
No. I’ve not resigned. I got made redundant. I took on another job which was not interfering with my first job hours (just weekends)
So the new job has no bearing on your former job anyway?
Nope non what so ever. I actually applied for the job I’m in now before Covid. As a second job.
So going back to what you said at the start, you got notice mid June and were paid to the end of June, did you get 2 weeks redundancy pay?"
No I’ve received nothing. I should be entitled to about 4 days holiday (from April) and 1 weeks pay (may june) and 3 weeks redundancy (3 years employment) |
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A small point, just that you continue to accrue holiday entitlement whilst on furlough.
You should be given notice of eedunxancy and when your rmployment notice period ends, you should be paid all wages owed, including holiday accrued but not taken. ACAS will give advice by phone, when open. Good luck! |
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By (user no longer on site)
over a year ago
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"A small point, just that you continue to accrue holiday entitlement whilst on furlough.
You should be given notice of eedunxancy and when your rmployment notice period ends, you should be paid all wages owed, including holiday accrued but not taken. ACAS will give advice by phone, when open. Good luck! "
Equally your redundancy notice should have been in the form of a letter and not a text message. |
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By (user no longer on site) OP
over a year ago
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"A small point, just that you continue to accrue holiday entitlement whilst on furlough.
You should be given notice of eedunxancy and when your rmployment notice period ends, you should be paid all wages owed, including holiday accrued but not taken. ACAS will give advice by phone, when open. Good luck! "
I thought this. Thank you. Not much probably but all penny’s help when your a single household income x |
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By (user no longer on site)
over a year ago
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My understanding is furlough pay is not redundancy pay, you should receive written notice of redundancy, pretty sure a text won’t stand up, also that you’re entitled to work elsewhere while on furlough, as ling as you’re available for your existing employer when they need you. I’d check the above with citizens advice but these are my understandings. Just judging by the fact you haven’t had written notice of redundancy makes me think your employer isn’t doing things correctly. |
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By (user no longer on site)
over a year ago
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"Does anyone have any advice on redundancy during covid? Myself and 3 employees have been made redundant, I myself found a new job and started at the middle of June. We get paid In arrears so I got my last furlough payment on the 30th of June. Which was for may/June
My previous employer has put 30/6 on my p45. Ive received no redundancy and he’s saying my furloughed pay was basically in replacing redundancy pay. I’ve only worked there 3 years as other 2 employees have. They received a pay in July but I never as I said I started a new job ( but I made clear I wasn’t resigning).
Sorry if not clear. Just wandering if anyone has any experience as I know I’m/were entitled to redundancy but was also wandering about pay in arears and holiday pay from April untaken.
He’s not being very helpful at all and making out we should be grateful for our furlough pay. "
You receive 1 weeks pay for every year of service
This only kicks in after full year 2 (24 months)
So 3 full years (36 months) = 2 weeks pay at your standard wage unless this is enhanced in your contract
Your redundancy is not the same as pay
You can fill out a ET1 form and submit it to a employment tribunal (breach of contract) but you must go through ACAS to try to resolve the issue first.
If the company has gone bust financial you won’t get any money as there’s none to give.
|
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By (user no longer on site)
over a year ago
|
"Does anyone have any advice on redundancy during covid? Myself and 3 employees have been made redundant, I myself found a new job and started at the middle of June. We get paid In arrears so I got my last furlough payment on the 30th of June. Which was for may/June
My previous employer has put 30/6 on my p45. Ive received no redundancy and he’s saying my furloughed pay was basically in replacing redundancy pay. I’ve only worked there 3 years as other 2 employees have. They received a pay in July but I never as I said I started a new job ( but I made clear I wasn’t resigning).
Sorry if not clear. Just wandering if anyone has any experience as I know I’m/were entitled to redundancy but was also wandering about pay in arears and holiday pay from April untaken.
He’s not being very helpful at all and making out we should be grateful for our furlough pay.
You receive 1 weeks pay for every year of service
This only kicks in after full year 2 (24 months)
So 3 full years (36 months) = 2 weeks pay at your standard wage unless this is enhanced in your contract
Your redundancy is not the same as pay
You can fill out a ET1 form and submit it to a employment tribunal (breach of contract) but you must go through ACAS to try to resolve the issue first.
If the company has gone bust financial you won’t get any money as there’s none to give.
"
You also have to be put under consultation prior to being made redundant.
This is 1 week for every year of service and the company must get you to sign the redundancy paperwork.
Hope this helps. |
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By *eah BabyCouple
over a year ago
Cheshire, Windermere ,Cumbria |
If less than 20 people being made redundant then they should either call you in or face time a meeting with a weeks notice on call back, they should give you your redundancy figure there and then which for 3 years service would be 3 weeks pay unless your over 41 then it will be 4&1/2 weeks redundancy tax free and you should get a months notice from the date they told you you were redundant, plus any holidays you have including those whilst on Furlough. |
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By *asmartsCouple
over a year ago
sheffield |
"Does anyone have any advice on redundancy during covid? Myself and 3 employees have been made redundant, I myself found a new job and started at the middle of June. We get paid In arrears so I got my last furlough payment on the 30th of June. Which was for may/June
My previous employer has put 30/6 on my p45. Ive received no redundancy and he’s saying my furloughed pay was basically in replacing redundancy pay. I’ve only worked there 3 years as other 2 employees have. They received a pay in July but I never as I said I started a new job ( but I made clear I wasn’t resigning).
Sorry if not clear. Just wandering if anyone has any experience as I know I’m/were entitled to redundancy but was also wandering about pay in arears and holiday pay from April untaken.
He’s not being very helpful at all and making out we should be grateful for our furlough pay. "
Depends on age, but you will likely be due 3 weeks pay plus any owed holiday pay |
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By (user no longer on site)
over a year ago
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When you could lose your right to statutory redundancy pay
Even if you’re entitled to statutory redundancy pay, you could lose your right to it if you:
turn down a suitable alternative job your employer offered you without a good reason
want to leave before the job is due to end - for example, because you’ve found another job
are fired for gross misconduct before your job finishes
How much statutory redundancy pay you can getRedundancy pay is based on your earnings before tax (called gross pay).
For each full year you've worked for your employer, you get:
age 18 to 22 - half a week's pay
age 22 to 40 - 1 week's pay
age 41 and older - 1.5 weeks' pay
If you turned 22 or 41 while working for your employer, the higher rates only apply for the full years you were over 22 or 41.
You won't pay any tax on your statutory redundancy pay.
There are some limits to how much money you’ll get:
the maximum weekly amount you can get is £538 - even if you earn more per week
you can only get redundancy pay for a maximum of 20 years’ work (for example, if you’ve worked at your job for 23 years, you’ll only get redundancy pay for 20 years)
Check how long you’ve worked for your employer
The time you've worked for your employer is called your length of service. Work this out by counting the number of full years you've worked for your employer. Your length of service should start on your first day at work and finish on the day your employment ends.
You might be unsure what your length of service is if:
you weren't given the statutory notice period you were entitled to
you were given pay in lieu of notice
In these situations you can work out your length of service by adding on the amount of statutory notice you should have had. For example, if you were entitled to 4 weeks' statutory notice but your employer only gave 2 weeks, add another 2 weeks to get your end date. You can't add any extra notice your contract says you're entitled to. |
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By (user no longer on site)
over a year ago
|
"I didn't think they were allowed to use furlough pay as redundancy
As understand it your still entitled to statutory redundancy pay
You are!! And yes they aren’t allowed as furlough is government payed. Redundancy is employer paid
No, I said the garden leave element of your redundancy notice. Not redundancy pay itself. That has to be paid by the employer.
He hasn’t paid anything, my last pay was June and that was furlough pay at 80%. Since then nothing and my p45 says last day of employment 30/6. But my June pay was for may/June.
I have just gone onto ACAS
If you type in ACAS Redundancy on Google it will take you straight there and should answer most of your questions.
I’ve already done that. My ex partner is an accountant and he pointed me to the same website. I was just curious if anyone else had any experience "
i dont get the point or this post, you appear to have already been given professional advice and read all the government guidance available ... and seem to be repeatedly answering your own questions... were you hoping your employer might be on here and just give you a bung? |
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By *rHotNottsMan
over a year ago
Dubai / Nottingham |
"Did you get written notice of redundancy?
No just a text message. (Small company)"
Was it formal notice or at risk / consultation
If you started work for another company while still contracted and being paid you may have broken your contract and forfeited right to be offered redundancy, sounds like you may have made there job easy for them and left without being laid off |
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By *yn drwgMan
over a year ago
Camarthen |
"If you're furloughed and then take a new job, isn't that in effect resignation?
No. I’ve not resigned. I got made redundant. I took on another job which was not interfering with my first job hours (just weekends) "
While on furlough technically looking for another job was breaking furlough rules, there have been cases of people replying to work emails while on furlough and have lost payments, bit of a minefield but if you have found another job you can't expect redundancy! |
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"Does anyone have any advice on redundancy during covid? Myself and 3 employees have been made redundant, I myself found a new job and started at the middle of June. We get paid In arrears so I got my last furlough payment on the 30th of June. Which was for may/June
My previous employer has put 30/6 on my p45. Ive received no redundancy and he’s saying my furloughed pay was basically in replacing redundancy pay. I’ve only worked there 3 years as other 2 employees have. They received a pay in July but I never as I said I started a new job ( but I made clear I wasn’t resigning).
Sorry if not clear. Just wandering if anyone has any experience as I know I’m/were entitled to redundancy but was also wandering about pay in arears and holiday pay from April untaken.
He’s not being very helpful at all and making out we should be grateful for our furlough pay. "
Talk to ACAS, they'll offer free advice for you and tell you what to do if needs be
Good luck x |
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By *eah BabyCouple
over a year ago
Cheshire, Windermere ,Cumbria |
"If you're furloughed and then take a new job, isn't that in effect resignation?
No. I’ve not resigned. I got made redundant. I took on another job which was not interfering with my first job hours (just weekends)
While on furlough technically looking for another job was breaking furlough rules, there have been cases of people replying to work emails while on furlough and have lost payments, bit of a minefield but if you have found another job you can't expect redundancy! "
I think you will find if she got another job after being told her job was redundant she is entitled to redundancy and also you can be on Furlough and yet work for someone else if the company allows it and you usually don’t have to work your notice once redundancy given, they should be paying up from how I read it. |
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"Does anyone have any advice on redundancy during covid? Myself and 3 employees have been made redundant, I myself found a new job and started at the middle of June. We get paid In arrears so I got my last furlough payment on the 30th of June. Which was for may/June
My previous employer has put 30/6 on my p45. Ive received no redundancy and he’s saying my furloughed pay was basically in replacing redundancy pay. I’ve only worked there 3 years as other 2 employees have. They received a pay in July but I never as I said I started a new job ( but I made clear I wasn’t resigning).
Sorry if not clear. Just wandering if anyone has any experience as I know I’m/were entitled to redundancy but was also wandering about pay in arears and holiday pay from April untaken.
He’s not being very helpful at all and making out we should be grateful for our furlough pay. "
So the government pay your redundancy? No, that’s got to be utter trash. That money was to save your job and help the company, not to pay you off behind your back. |
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By (user no longer on site)
over a year ago
|
They aren't allowed to use furlough as redunancy pay as that's not paid by them. They have to go through a whole process to make you redundant though.
Take whatever evidence you have and go and get advice. I hope you get this sorted. |
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"Did you have a contract?
It sounds like breach of contract."
Potentially by both parties.... Our furlough terms stated that employees were not to take other work - so if someone did it could be breach of contract / gross misconduct.
Furlough pay could cover gardening leave, and your employer can also request you take annual leave during that time so as not to pay holiday pay out. Redundancy should be tax free and paid by the employer. As others have said, there should be consultations around a redundancy scheme. Acas and citizens advice are the best bet |
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By (user no longer on site) OP
over a year ago
|
"If you're furloughed and then take a new job, isn't that in effect resignation?
No. I’ve not resigned. I got made redundant. I took on another job which was not interfering with my first job hours (just weekends)
While on furlough technically looking for another job was breaking furlough rules, there have been cases of people replying to work emails while on furlough and have lost payments, bit of a minefield but if you have found another job you can't expect redundancy! "
No I think you will find your wrong. You can get another job whilst on furlough as long as it doesn’t coincide with your (furlough) job |
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By (user no longer on site) OP
over a year ago
|
"If you're furloughed and then take a new job, isn't that in effect resignation?
No. I’ve not resigned. I got made redundant. I took on another job which was not interfering with my first job hours (just weekends)
While on furlough technically looking for another job was breaking furlough rules, there have been cases of people replying to work emails while on furlough and have lost payments, bit of a minefield but if you have found another job you can't expect redundancy! "
So if I was employed for 8 years and made redundant but found another job I should walk away from £1000s of pounds redundancy? Because I’ve found another job? |
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By (user no longer on site) OP
over a year ago
|
"Did you have a contract?
It sounds like breach of contract.
Potentially by both parties.... Our furlough terms stated that employees were not to take other work - so if someone did it could be breach of contract / gross misconduct.
Furlough pay could cover gardening leave, and your employer can also request you take annual leave during that time so as not to pay holiday pay out. Redundancy should be tax free and paid by the employer. As others have said, there should be consultations around a redundancy scheme. Acas and citizens advice are the best bet"
ACAS have confirmed that redundancy is due plus holiday pay from April |
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By (user no longer on site) OP
over a year ago
|
"If you're furloughed and then take a new job, isn't that in effect resignation?
No. I’ve not resigned. I got made redundant. I took on another job which was not interfering with my first job hours (just weekends)
While on furlough technically looking for another job was breaking furlough rules, there have been cases of people replying to work emails while on furlough and have lost payments, bit of a minefield but if you have found another job you can't expect redundancy!
I think you will find if she got another job after being told her job was redundant she is entitled to redundancy and also you can be on Furlough and yet work for someone else if the company allows it and you usually don’t have to work your notice once redundancy given, they should be paying up from how I read it."
Yep |
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By (user no longer on site) OP
over a year ago
|
"They aren't allowed to use furlough as redunancy pay as that's not paid by them. They have to go through a whole process to make you redundant though.
Take whatever evidence you have and go and get advice. I hope you get this sorted. "
He was obviously trying to use furlough pay as a substitute for redundancy pay ( but never once said this). Now he’s saying we’re selfish for trying to claim redundancy as he kept us on furlough  |
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By *abioMan
over a year ago
Newcastle and Gateshead |
with regards to looking for another job whilst being furloughed as long as you had your employers permission to do that, then no problem (for example when the wethersppons git told his staff to look for tesco jobs, and virgin airline staff volunteering for the nhs)
furlough payments were made to keep you in a job so therefore at that point you would have been classed as being employed.....
and the point where the furlough scheme stops, and they decided not to keep you on.. that is the point where you were made redundant...
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By (user no longer on site) OP
over a year ago
|
"Did you have a contract?
It sounds like breach of contract.
Potentially by both parties.... Our furlough terms stated that employees were not to take other work - so if someone did it could be breach of contract / gross misconduct.
Furlough pay could cover gardening leave, and your employer can also request you take annual leave during that time so as not to pay holiday pay out. Redundancy should be tax free and paid by the employer. As others have said, there should be consultations around a redundancy scheme. Acas and citizens advice are the best bet"
He was topping up other employees pay to 100% by using their holidays (but not mine or 2 others) we only ever got 80% the other employees pays have always been short ,,, he talks through his arse basically, saying anything to give minimal payment, which is kinda understandable but not when he’s not been straight or direct or communicated proper from day 1,, hes made out he’s paying our wages, yes I understand his plea but we are all in the same boat but sailing different waters.
He’s insurance and grants and government loans as he CHOOSE to employ and create a business which has been VERY profitable. |
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By (user no longer on site) OP
over a year ago
|
"with regards to looking for another job whilst being furloughed as long as you had your employers permission to do that, then no problem (for example when the wethersppons git told his staff to look for tesco jobs, and virgin airline staff volunteering for the nhs)
furlough payments were made to keep you in a job so therefore at that point you would have been classed as being employed.....
and the point where the furlough scheme stops, and they decided not to keep you on.. that is the point where you were made redundant...
"
I was looking for a second job before furlough, which my employer knew. My job now which is my permanent job WAS only weekend work. Which in no way effected my primary employer. |
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By *ENGUYMan
over a year ago
Hull |
"with regards to looking for another job whilst being furloughed as long as you had your employers permission to do that, then no problem (for example when the wethersppons git told his staff to look for tesco jobs, and virgin airline staff volunteering for the nhs)
furlough payments were made to keep you in a job so therefore at that point you would have been classed as being employed.....
and the point where the furlough scheme stops, and they decided not to keep you on.. that is the point where you were made redundant...
"
Exactly this. At my work place, all staff were retained on furlough when that scheme began. After the 3 months were up, our company announced they were retaining 7 of us to prepare for re-opening in August.
The other 12 were given formal notice they were being made redundant as of a specified date. They were all notified in accordance with Redundancy regulations, including notification in writing.
I've heard of companies in my business sector where staff have just been dropped, as soon as the first 3 months furlough scheme finished, regardless of length of service, and to date are fighting for correct pay to come their way.
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By *rHotNottsMan
over a year ago
Dubai / Nottingham |
"Did you have a contract?
It sounds like breach of contract.
Potentially by both parties.... Our furlough terms stated that employees were not to take other work - so if someone did it could be breach of contract / gross misconduct.
Furlough pay could cover gardening leave, and your employer can also request you take annual leave during that time so as not to pay holiday pay out. Redundancy should be tax free and paid by the employer. As others have said, there should be consultations around a redundancy scheme. Acas and citizens advice are the best bet"
That request to take annual leave while on furlough and gardening leave has been challenged.
I know everyone says talk to CAB and ACAS but really CAB know nothing , can do nothing and if you can get through to them good luck. ACAS are useful but not wont represent you. Pay £300 -£500 and get it done properly by a specialist solicitor who will wrote you a script for the meeting , it works I’ve done it, friends have done it , it pays for itself |
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By (user no longer on site) OP
over a year ago
|
"Did you have a contract?
It sounds like breach of contract.
Potentially by both parties.... Our furlough terms stated that employees were not to take other work - so if someone did it could be breach of contract / gross misconduct.
Furlough pay could cover gardening leave, and your employer can also request you take annual leave during that time so as not to pay holiday pay out. Redundancy should be tax free and paid by the employer. As others have said, there should be consultations around a redundancy scheme. Acas and citizens advice are the best bet
That request to take annual leave while on furlough and gardening leave has been challenged.
I know everyone says talk to CAB and ACAS but really CAB know nothing , can do nothing and if you can get through to them good luck. ACAS are useful but not wont represent you. Pay £300 -£500 and get it done properly by a specialist solicitor who will wrote you a script for the meeting , it works I’ve done it, friends have done it , it pays for itself"
I agree. But I think he knows he has to pay by law , |
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By (user no longer on site)
over a year ago
|
"My understanding is furlough pay is not redundancy pay, you should receive written notice of redundancy, pretty sure a text won’t stand up, also that you’re entitled to work elsewhere while on furlough, as ling as you’re available for your existing employer when they need you. I’d check the above with citizens advice but these are my understandings. Just judging by the fact you haven’t had written notice of redundancy makes me think your employer isn’t doing things correctly."
I was thinking the same |
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"with regards to looking for another job whilst being furloughed as long as you had your employers permission to do that, then no problem (for example when the wethersppons git told his staff to look for tesco jobs, and virgin airline staff volunteering for the nhs)
furlough payments were made to keep you in a job so therefore at that point you would have been classed as being employed.....
and the point where the furlough scheme stops, and they decided not to keep you on.. that is the point where you were made redundant...
Exactly this. At my work place, all staff were retained on furlough when that scheme began. After the 3 months were up, our company announced they were retaining 7 of us to prepare for re-opening in August.
The other 12 were given formal notice they were being made redundant as of a specified date. They were all notified in accordance with Redundancy regulations, including notification in writing.
I've heard of companies in my business sector where staff have just been dropped, as soon as the first 3 months furlough scheme finished, regardless of length of service, and to date are fighting for correct pay to come their way.
"
Did you get support from anywhere, that may be available to the op too?
I imagine that increasingly a few desperate and unscrupulous employers will be treating their loyal staff very badly  as in these cases |
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By *abioMan
over a year ago
Newcastle and Gateshead |
"with regards to looking for another job whilst being furloughed as long as you had your employers permission to do that, then no problem (for example when the wethersppons git told his staff to look for tesco jobs, and virgin airline staff volunteering for the nhs)
furlough payments were made to keep you in a job so therefore at that point you would have been classed as being employed.....
and the point where the furlough scheme stops, and they decided not to keep you on.. that is the point where you were made redundant...
Exactly this. At my work place, all staff were retained on furlough when that scheme began. After the 3 months were up, our company announced they were retaining 7 of us to prepare for re-opening in August.
The other 12 were given formal notice they were being made redundant as of a specified date. They were all notified in accordance with Redundancy regulations, including notification in writing.
I've heard of companies in my business sector where staff have just been dropped, as soon as the first 3 months furlough scheme finished, regardless of length of service, and to date are fighting for correct pay to come their way.
"
so then the answer is you would have treated as being employed under the furlough scheme until either:
a) you have served out your notice if you had put in to leave voluntarily
or b) you were made redundant and served out your redundancy period
whichever of a or b came first....
furlough payments cannot be used in lieu of redundancy... |
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By *yn drwgMan
over a year ago
Camarthen |
"If you're furloughed and then take a new job, isn't that in effect resignation?
No. I’ve not resigned. I got made redundant. I took on another job which was not interfering with my first job hours (just weekends)
While on furlough technically looking for another job was breaking furlough rules, there have been cases of people replying to work emails while on furlough and have lost payments, bit of a minefield but if you have found another job you can't expect redundancy!
So if I was employed for 8 years and made redundant but found another job I should walk away from £1000s of pounds redundancy? Because I’ve found another job? "
If you accept another job while still on furlough I can't see that you would get redundancy, it all depends on the dates everything happened. |
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"I didn't think they were allowed to use furlough pay as redundancy
As understand it your still entitled to statutory redundancy pay
You are!! And yes they aren’t allowed as furlough is government payed. Redundancy is employer paid
No, I said the garden leave element of your redundancy notice. Not redundancy pay itself. That has to be paid by the employer.
He hasn’t paid anything, my last pay was June and that was furlough pay at 80%. Since then nothing and my p45 says last day of employment 30/6. But my June pay was for may/June.
I have just gone onto ACAS
If you type in ACAS Redundancy on Google it will take you straight there and should answer most of your questions.
I’ve already done that. My ex partner is an accountant and he pointed me to the same website. I was just curious if anyone else had any experience "
Your case has some really curious elements that mean others experience of it is likely to be limited, at best. My short take is that by making you redundant the employer assumed responsibility for your statutory notice period, assuming its the same as your contractual notice period, and statutory redundancy pay (which won't be much).
If you're in a union, your rep should probably be thinking about a county court claim for unpaid wages - an unfair dismissal claim involves the costs of going to a tribunal, and you may not get much more than you'd get for a breach of contract claim in the county court, even if you can prove it was unfair.
If you're not in a union, and you don't have employment dispute cover on the legal protection part of your home insurance policy, well, you've just learned an expensive lesson, and that's why you're looking for advice here.
Join a union - you know it makes sense. |
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Me and 4 others got made redundant last friday we been re piecing furlough up till then but I got a week redundancy pay and holiday accrued as I was less than qualifying 2 years but the others that were over 2 years got full redundancy on top of furlough x |
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"Me and 4 others got made redundant last friday we been re piecing furlough up till then but I got a week redundancy pay and holiday accrued as I was less than qualifying 2 years but the others that were over 2 years got full redundancy on top of furlough x"
That's what I would expect.
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"Did you get written notice of redundancy?
No just a text message. (Small company)"
U should have still got written notice ours was a small company they only kept 2 but she phoned us all first and told us I have to send u written notice which she did and explained everything first so less of a shock x |
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"Does anyone have any advice on redundancy during covid? Myself and 3 employees have been made redundant, I myself found a new job and started at the middle of June. We get paid In arrears so I got my last furlough payment on the 30th of June. Which was for may/June
My previous employer has put 30/6 on my p45. Ive received no redundancy and he’s saying my furloughed pay was basically in replacing redundancy pay. I’ve only worked there 3 years as other 2 employees have. They received a pay in July but I never as I said I started a new job ( but I made clear I wasn’t resigning).
Sorry if not clear. Just wandering if anyone has any experience as I know I’m/were entitled to redundancy but was also wandering about pay in arears and holiday pay from April untaken.
He’s not being very helpful at all and making out we should be grateful for our furlough pay.
Surely if you made clear that you were resigning then you don't get redundancy....
I am not an expert but there are some very good law firms out there that act on a no win no fee basis and will only take on your case if they have a chance of wining...
I WASNT resigning, I made that clear. I got a new job knowing I’d need one probably. But I never resigned. My other 2 work friends haven’t yet sought employment as they were under the impression they’d be back at work soon ( I knew deep down so looked for a job asap)
You may find your contract of employment didn't allow you to take another job."
Yes this was in our contract x |
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"
You may find your contract of employment didn't allow you to take another job.
Yes this was in our contract x"
Same as ours. Someone taking another job = breach of contract = easy way to fire someone without having to pay all that's due. Pretty poor thing to do, but seems that's about the standards OP has been subject to
OP - any updates? |
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By (user no longer on site) OP
over a year ago
|
"
You may find your contract of employment didn't allow you to take another job.
Yes this was in our contract x
Same as ours. Someone taking another job = breach of contract = easy way to fire someone without having to pay all that's due. Pretty poor thing to do, but seems that's about the standards OP has been subject to
OP - any updates?"
No updates regarding myself however my work colleague whom is exactly the same position (aside from she hasn’t found employment) she has persued redundancy pay through ACAS, as our employer wasn’t very helpful or kind when she asked about her redundancy pay.
I’m entitled to about similar to her ( only about £1000) but it all helps. I’m reluctant to ask or do anything now though as I’m in employment and earning. |
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By (user no longer on site) OP
over a year ago
|
"Me and 4 others got made redundant last friday we been re piecing furlough up till then but I got a week redundancy pay and holiday accrued as I was less than qualifying 2 years but the others that were over 2 years got full redundancy on top of furlough x"
My employer has been awful your lucky , x |
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By (user no longer on site) OP
over a year ago
|
"
You may find your contract of employment didn't allow you to take another job.
Yes this was in our contract x
Same as ours. Someone taking another job = breach of contract = easy way to fire someone without having to pay all that's due. Pretty poor thing to do, but seems that's about the standards OP has been subject to
OP - any updates?"
He tried to force me out however I was CLEAR I wasn’t leaving and taking on a second job. He made me redundant last month. He’s not said anything to me regarding pay holidays or redundancy, however my work colleague who has asked, he’s been non to friendly with, saying she’s selfish for even asking. X |
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"Does anyone have any advice on redundancy during covid? Myself and 3 employees have been made redundant, I myself found a new job and started at the middle of June. We get paid In arrears so I got my last furlough payment on the 30th of June. Which was for may/June
My previous employer has put 30/6 on my p45. Ive received no redundancy and he’s saying my furloughed pay was basically in replacing redundancy pay. I’ve only worked there 3 years as other 2 employees have. They received a pay in July but I never as I said I started a new job ( but I made clear I wasn’t resigning).
Sorry if not clear. Just wandering if anyone has any experience as I know I’m/were entitled to redundancy but was also wandering about pay in arears and holiday pay from April untaken.
He’s not being very helpful at all and making out we should be grateful for our furlough pay. "
Nope they have to make you redundant on full pay & cannot use the furlough pay for it. Sunak said so. |
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"Does anyone have any advice on redundancy during covid? Myself and 3 employees have been made redundant, I myself found a new job and started at the middle of June. We get paid In arrears so I got my last furlough payment on the 30th of June. Which was for may/June
My previous employer has put 30/6 on my p45. Ive received no redundancy and he’s saying my furloughed pay was basically in replacing redundancy pay. I’ve only worked there 3 years as other 2 employees have. They received a pay in July but I never as I said I started a new job ( but I made clear I wasn’t resigning)
Surely if you made clear that you were resigning then you don't get redundancy....
I am not an expert but there are some very good law firms out there that act on a no win no fee basis and will only take on your case if they have a chance of wining...
I WASNT resigning, I made that clear. I got a new job knowing I’d need one probably. But I never resigned. My other 2 work friends haven’t yet sought employment as they were under the impression they’d be back at work soon ( I knew deep down so looked for a job asap)"
Were they aware that you’d found a new position? It could be that they might use that as a get out of jail free card or paying redundancy? I’m not expert but just an impression I get. |
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"Does anyone have any advice on redundancy during covid? Myself and 3 employees have been made redundant, I myself found a new job and started at the middle of June. We get paid In arrears so I got my last furlough payment on the 30th of June. Which was for may/June
My previous employer has put 30/6 on my p45. Ive received no redundancy and he’s saying my furloughed pay was basically in replacing redundancy pay. I’ve only worked there 3 years as other 2 employees have. They received a pay in July but I never as I said I started a new job ( but I made clear I wasn’t resigning).
Sorry if not clear. Just wandering if anyone has any experience as I know I’m/were entitled to redundancy but was also wandering about pay in arears and holiday pay from April untaken.
He’s not being very helpful at all and making out we should be grateful for our furlough pay. "
Had your employer asked if you were volunteering for redundancy at any stage as from your OP it sounds like you were furloughed at that stage rather than given a notice of redundancy? |
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By (user no longer on site) OP
over a year ago
|
"Does anyone have any advice on redundancy during covid? Myself and 3 employees have been made redundant, I myself found a new job and started at the middle of June. We get paid In arrears so I got my last furlough payment on the 30th of June. Which was for may/June
My previous employer has put 30/6 on my p45. Ive received no redundancy and he’s saying my furloughed pay was basically in replacing redundancy pay. I’ve only worked there 3 years as other 2 employees have. They received a pay in July but I never as I said I started a new job ( but I made clear I wasn’t resigning).
Sorry if not clear. Just wandering if anyone has any experience as I know I’m/were entitled to redundancy but was also wandering about pay in arears and holiday pay from April untaken.
He’s not being very helpful at all and making out we should be grateful for our furlough pay.
Had your employer asked if you were volunteering for redundancy at any stage as from your OP it sounds like you were furloughed at that stage rather than given a notice of redundancy?"
No we were all forloughed. Never any mention of redundancy until we had to ask if we were being laid off without pay or made redundant (in July) |
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By (user no longer on site) OP
over a year ago
|
"Does anyone have any advice on redundancy during covid? Myself and 3 employees have been made redundant, I myself found a new job and started at the middle of June. We get paid In arrears so I got my last furlough payment on the 30th of June. Which was for may/June
My previous employer has put 30/6 on my p45. Ive received no redundancy and he’s saying my furloughed pay was basically in replacing redundancy pay. I’ve only worked there 3 years as other 2 employees have. They received a pay in July but I never as I said I started a new job ( but I made clear I wasn’t resigning)
Surely if you made clear that you were resigning then you don't get redundancy....
I am not an expert but there are some very good law firms out there that act on a no win no fee basis and will only take on your case if they have a chance of wining...
I WASNT resigning, I made that clear. I got a new job knowing I’d need one probably. But I never resigned. My other 2 work friends haven’t yet sought employment as they were under the impression they’d be back at work soon ( I knew deep down so looked for a job asap)
Were they aware that you’d found a new position? It could be that they might use that as a get out of jail free card or paying redundancy? I’m not expert but just an impression I get. "
Yes as I was looking for a second job before the pandemic (February) just happens (thank god) I was lucky and now it’s my main (only) job.
I never resigned and had no intention of. |
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"Does anyone have any advice on redundancy during covid? Myself and 3 employees have been made redundant, I myself found a new job and started at the middle of June. We get paid In arrears so I got my last furlough payment on the 30th of June. Which was for may/June
My previous employer has put 30/6 on my p45. Ive received no redundancy and he’s saying my furloughed pay was basically in replacing redundancy pay. I’ve only worked there 3 years as other 2 employees have. They received a pay in July but I never as I said I started a new job ( but I made clear I wasn’t resigning)
Surely if you made clear that you were resigning then you don't get redundancy....
I am not an expert but there are some very good law firms out there that act on a no win no fee basis and will only take on your case if they have a chance of wining...
I WASNT resigning, I made that clear. I got a new job knowing I’d need one probably. But I never resigned. My other 2 work friends haven’t yet sought employment as they were under the impression they’d be back at work soon ( I knew deep down so looked for a job asap)
Were they aware that you’d found a new position? It could be that they might use that as a get out of jail free card or paying redundancy? I’m not expert but just an impression I get.
Yes as I was looking for a second job before the pandemic (February) just happens (thank god) I was lucky and now it’s my main (only) job.
I never resigned and had no intention of. "
I see the dilemma and think you need to go to citizens advice and acas as it's really not clear .... |
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By (user no longer on site)
over a year ago
|
"I didn't think they were allowed to use furlough pay as redundancy
As understand it your still entitled to statutory redundancy pay
You are!! And yes they aren’t allowed as furlough is government payed. Redundancy is employer paid
No, I said the garden leave element of your redundancy notice. Not redundancy pay itself. That has to be paid by the employer.
He hasn’t paid anything, my last pay was June and that was furlough pay at 80%. Since then nothing and my p45 says last day of employment 30/6. But my June pay was for may/June.
I have just gone onto ACAS
If you type in ACAS Redundancy on Google it will take you straight there and should answer most of your questions.
I’ve already done that. My ex partner is an accountant and he pointed me to the same website. I was just curious if anyone else had any experience Your case has some really curious elements that mean others experience of it is likely to be limited, at best. My short take is that by making you redundant the employer assumed responsibility for your statutory notice period, assuming its the same as your contractual notice period, and statutory redundancy pay (which won't be much).
If you're in a union, your rep should probably be thinking about a county court claim for unpaid wages - an unfair dismissal claim involves the costs of going to a tribunal, and you may not get much more than you'd get for a breach of contract claim in the county court, even if you can prove it was unfair.
If you're not in a union, and you don't have employment dispute cover on the legal protection part of your home insurance policy, well, you've just learned an expensive lesson, and that's why you're looking for advice here.
Join a union - you know it makes sense."
Or alternatively go on the local tribunal court website and fill in a ET1 form and if you have evidence (emails not calls or texts) you can fight it yourself for free |
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By (user no longer on site)
over a year ago
|
"I didn't think they were allowed to use furlough pay as redundancy
As understand it your still entitled to statutory redundancy pay"
Furlough pay is NOT redundancy pay.... You have a strong case for statutary redundancy. If colleages were also made redundant same time as you 30/6 then dont follow how they got furlough pay for July? |
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By (user no longer on site) OP
over a year ago
|
"I didn't think they were allowed to use furlough pay as redundancy
As understand it your still entitled to statutory redundancy pay
Furlough pay is NOT redundancy pay.... You have a strong case for statutary redundancy. If colleages were also made redundant same time as you 30/6 then dont follow how they got furlough pay for July?"
They continued with forlough. My employer took me off as he said I wasn’t entitled because I had another job. So therefore I received no furlough for June or July no redundancy and no holiday pay. Maybe I’m being selfish as at least I’m in employment x |
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Definitely a redundancy situation as others have posted. Employer can’t use furlough to fund this.
If they won’t pay what you are entitled to, the employment tribunal is the most cost effective way, ACAS or CAB will be able to guide you, or check if you have legal cover on your home insurance. Message for everyone, join a union as these are the situations where your membership subs are invaluable.
Wishing you every success in your new job. Your old employer doesn’t deserve you! |
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"I didn't think they were allowed to use furlough pay as redundancy
As understand it your still entitled to statutory redundancy pay
Furlough pay is NOT redundancy pay.... You have a strong case for statutary redundancy. If colleages were also made redundant same time as you 30/6 then dont follow how they got furlough pay for July?
They continued with forlough. My employer took me off as he said I wasn’t entitled because I had another job. So therefore I received no furlough for June or July no redundancy and no holiday pay. Maybe I’m being selfish as at least I’m in employment x"
You may have stuffed yourself there if it is in their terms of employment contract that you can't take on additional work whilst on furlough...meaning you'll get nowt but holiday pay due up until you took on the 2nd job. You'll need to check your contract to see.
If the above is not the case then you should get redundant pay provided you worked for them for 2 years, they still cannot use furlough pay as redundancy pay & redundancy pay put be at full pay rates. |
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"They aren't allowed to use furlough as redunancy pay as that's not paid by them. They have to go through a whole process to make you redundant though.
Take whatever evidence you have and go and get advice. I hope you get this sorted.
He was obviously trying to use furlough pay as a substitute for redundancy pay ( but never once said this). Now he’s saying we’re selfish for trying to claim redundancy as he kept us on furlough "
Lol none of this is you trying to “claim”
anything. Furlough and redundancy are U.K. protected laws. These are listed right on the government’s website for all to see with every detail covered. The word statutory mean anything to this dude? |
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By (user no longer on site) OP
over a year ago
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Update. ACAS are dealing with this now, I’m entitled to redundancy and holiday pay. Not much but about 1.5k. Which to me really helps with Xmas looming  |
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By *estivalMan
over a year ago
borehamwood |
firm im at have laid of half the workforce the ones who have been made redundant are having to claim redundancy from the goverment as company dosent have the capital to pay it can only afford to pay them what holidays they are owed.rest of us who have been kept in still havent retutned to work yet.have been warned if the company is still in same situation come the end of october we will also be getting made redundant and will also have to claim from the goverment |
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By *usie pTV/TS
over a year ago
taunton |
Move on and forget about it you have another job count your blessings, you have had your furlough pay up to the end of your redundancy notice at best you are only talking about a few quid, if you are fit and healthy there are better things to get on with. |
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I throught furlough pay was paid to the company and they paid you so you should have been given notice. Redundancy pay and any holiday pay did you know you where still earning holiday entitlement at full pay when on furlough. So if none was taken that is also due.
And you need to make sure the company is not still claiming furlough for you as lots are pushing the boundary.
You should seek advice as this is now more complicated then most company's can deal with. At worst right to them and challenge it.
Don't ask don't get |
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By (user no longer on site)
over a year ago
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"Does anyone have any advice on redundancy during covid? Myself and 3 employees have been made redundant, I myself found a new job and started at the middle of June. We get paid In arrears so I got my last furlough payment on the 30th of June. Which was for may/June
My previous employer has put 30/6 on my p45. Ive received no redundancy and he’s saying my furloughed pay was basically in replacing redundancy pay. I’ve only worked there 3 years as other 2 employees have. They received a pay in July but I never as I said I started a new job ( but I made clear I wasn’t resigning).
Sorry if not clear. Just wandering if anyone has any experience as I know I’m/were entitled to redundancy but was also wandering about pay in arears and holiday pay from April untaken.
He’s not being very helpful at all and making out we should be grateful for our furlough pay. "
Hi. I'm a union rep and this is the legal entitlement. Your company is breaking the law.
You’ll normally be entitled to statutory redundancy pay if you’re an employee and you’ve been working for your current employer for 2 years or more.
You’ll get:
half a week’s pay for each full year you were under 22
one week’s pay for each full year you were 22 or older, but under 41
one and half week’s pay for each full year you were 41 or older
Length of service is capped at 20 years.
Your weekly pay is the average you earned per week over the 12 weeks before the day you got your redundancy notice. |
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