help with my redundancy?

Question

my mum is being made redundent in april after 10years of being employed with the same company.we know that she is entitled to 1half weeks pay per year of employment,but the company said it wont count the first 2years of employment,she is also supposed to get 10weeks notice of redundancy will she get paid extra coz shes only had 4 weeks notice?also she is also owed 20hours toil should she be paid for that?sorry for all the questons just need some advice for her.

my mum is being made redundant due to closure of the home so every body is being made redundent,if she has worked for the company full time for 10years is she entitled to 10weeks,will she get her holiday pay also.?she meeting with her boses 2morrow so im trying to help prepare what 2 ask them notice coz she was only given for will she be paid for the 6 that shes owed?

my mum is being made redundant due to closure of the home so every body is being made redundent,if she has worked for the company full time for 10years is she entitled to 10weeks notice,coz she was only given for will she be paid for the 6 that shes owed?will she get her holiday pay also.?she meeting with her boses 2morrow so im trying to help prepare what 2 ask.

my mum has already been given 4 weeks notice she leaves in april,will she be paid for the remaining 6 coz she is entitled to 10 weeks notice coz shes been there 10 years.her place of employment is being shut down.

Answer 1

Ok, UK law.

Redundancy is calculated depending on an employee's age, length of service and weekly salary. The weekly salary is capped at £310 per week, but an employer can chose to pay an employee's actual salary (if they want to) and it is above £310.

This website will work it all out for you, youjust have to input the details:
http://www.dti.gov.uk/employment/employment-legislation/employment-guidance/page33157.html

I am confused why her employer has told her that they will not count the first 2 years...I'm not aware of any circumstance that they can do that (unless she was an apprentice in those first years?? but even that would be questionable) - is there anyway of finding that out? - it does sound a bit dodgy.

10 weeks notice sounds about right - statutory minimum (1 week for every year of service).

If she has had only 4 weeks notice, they may be paying the remaining 6 weeks in your final wage slip? - check this out though.

I'm not sure what you mean by 20 hours toil. But if this is hours worked, she should get them. Same with holiday pay. If he hasn't taken all the holiday she has accrued for the year, she should be paid the difference.

Concerned over 4 weeks notice? How many people, including your mum have been given notice of redundancy? There are statutory guidelines her employer has to work to. Has she had any consultation with her employer? Have they tried to give her alternative employment within the Company? Also, it is important to question why she is being made redundant? Is it a true redundancy situation?

If you can answer these questions, I will have a much better idea as to how lawful and fair you mum has been treated.

Thanks,
____________________________

Edit:

Thanks for the extra info.

The reason for the redundancy therefore appears legitimate and therefore answers my first, perhaps obvious question...is this a redundancy situation? = yes (likely) - you'll be suprised of how many organisations use redundancy as an excuse to 'get rid' of certain employees.

You mum has the right to be consulted with. If there are more than 20 people being made redundant, her employer has to match some certain provisions by law regarding consultation. I'm not going to go into too much detail here as that may not be the case, but please advise otherwise.

Assuming there are less than 20 people being made redundant, the employer has to have 1 to 1 consultations with every employee effected, in this case, that is everyone. They need to make sure that your mum understands the process, what is going on and why and also to make sure that she understands what she will be receiving in terms of damages (redundancy payment).
As I said before, you mum has 10 years service, I can see no reason why she should be paid for any less? So that would be a question she needs to ask in the meeting tomorrow. Get her to ask them to detail - in writing - exactly how much redundancy payment she will be receiving, and more importantly, how are they calculating this. She is quite within her rights to ask for this, in fact, she should not even have to ask, this should have already been provided for.

She also needs to have an idea of when she will be made redundant. This can be done in one of 3 ways:

1. The employer can give an exact date, and therefore 'give notice' to your mum who would then work this 10 wk notice period. Similar to if your mum handed in her notice, she would be expected to work out that notice.

2. The employer gives a rough date or estimate. That way they get to pay your mum in 'lieu of notice' which means she will be paid all of her notice in her final salary and will not be expected to work it.

3. The employer does a bit of both. 'Gives notice' to your mum, but if they are closing before the 10 wk notice would be up, pay the rest in her final salary 'in lieu'.

Holiday pay - The Working Time Directive and subsequent regulations state that every employee is entitled to 4 weeks paid holiday per year. Assumung that you mum is full time and works 5 days a week, she will be entitled to 20 days (5 days x 4 weeks). If the holiday year runs from Jan - December and she is made redundant on 1st July, then she would be entitled to exactly half her entitlement (10 days) minus any holiday she has already taken. This is the same as when you resign from a job.
It is important to note that she may be entitled to more holiday than the minimum, so jut check her terms and conditions of employment - also consider whether bank holidays are considered as holiday or not.

Reading another persons answer about not getting the first 2 years, they are getting this confused with something else. You have to have 2 years service in order to qualify for redundancy payment, and every full year counts.

In the meeting tomorrow, get her to get hold of her contract of employment and redundancy entitlement.
Let us knowhow she gets on!

All the best
____________________________________
Edit:

The notice that your mum does not work should be paid in her final salary. - another thing for her to ask today.

Something to bear in mind: She will not be taxed on the redundancy payment, but she will be taxed on her notice paid in lieu.

Answer 2

She should get the full amount for her 10 years, I cant think of a reason they could stop the first two years as long as she had continuous employment. she should also get paid for the notice she doesnt get. But I think she'd be best taking her toil before she leaves, its not usual to get paid for untaken toil anyway. Thats what I can remember from my employment law days but go to your local cab or acas to get the most up to date info.

Answer 3

Difficult one because it will vary due to individual company policy and law. Are you in the UK? If so look up ACAS in your browser, they have loads of info re employment rights including the law re redundancy payments.

Answer 4

redundancy payout depends on length of service and also your age when being made redundant. My best advice would be to get in touch with citizens advice or acas. Acas have ( I think) got a website and you can probably get accurate information there

Answer 5

Toi check employment law, ring ACAS 08457 474 474.

Answer 6

Go here there's loads of advice on this page about the ins and outs of redundancy.
http://www.adviceguide.org.uk/index/life/employment/redundancy.htm