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Redundancy - notice, pay and holiday questions

7 replies

FatimaLovesBread · 14/04/2013 09:10

DH has some questions about his redundancy so I thought I'd ask her incase there are any experts about.

DH was made redundant last Friday, after asking him earlier in the day if he was coming in on the Saturday for overtime they called him in to the office 30 mins before the end of the shift to tell him they were letting him go. They said they were giving him one weeks notice but he didn't have to work it (said that would help him find another job - how kind).

DH had worked there 8 months, as I understand it he's entitled to one weeks' notice or one weeks' pay in lieu of notice if the redundancy is immediate? Does that mean that if DH doesn't go in the notice week (as they said he could) they still have to pay him that week? Otherwise isn''t that just making him redundant immediately with no notice if they don't pay him it?


WRT to holiday. DHs run Jan-Dec, he gets 20 plus stats. So far this year he's taken one day holiday and had 2 stats for Easter. Will he be due some holiday pay?

If he is due a weeks pay in lieu and his holiday, should the P45 be sent after that's paid and including it or should it be sent after the last week he's actually worked.

Sorry for so many questions, thanks in advance if anybody can answer them

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flowery · 14/04/2013 09:50

Yes if they tell him they are giving him his week's notice but not requiring him to work it, that means he will be paid for it. Does he have any reason to think they won't pay it?

He accrues holiday on a pro rata basis, so by my reckoning is entitled to 8 days, of which he's taken 3, so yes entitled to 5 days.

His P45 will include all his pay, when they'll send it who knows, often with the final payslip or shortly after his employment ends anyway.

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FatimaLovesBread · 14/04/2013 13:33

He received his p45 yesterday along with his pay slip for the last week he worked. But he should be due another weeks pay this coming week for his weeks notice and holiday surely?
His p45 had his end date as 6th April which was the date they told him they were letting him go.

Maybe they'll pay him the week in lieu on Friday but I wanted to check he was still entitled to it

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Gales · 14/04/2013 13:47

It's not just the week in lieu he's owed, but the 5 days holiday too, as Flowery says.

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FatimaLovesBread · 14/04/2013 17:41

That's what I thought. We'll have to see what happens on Friday as we could really do with it

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flowery · 14/04/2013 17:41

End date being the day they told him isn't necessarily an issue, as they've told him not to work his notice they could pay him in lieu of it and his employment would still end on that day.

But they shouldn't issue his P45 if there is still money owing, which there is.

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FatimaLovesBread · 19/04/2013 09:41

Right Friday's come and no more money has gone in so they're not paying him.
They owe him a weeks pay for his notice week and 4.5 days holiday by my reckoning.
What should he do now, ring them and ask or speak to someone like ACAS first?

Also, will the weeks pay and holiday be due tax therefore making his P45 he's already had issued invalid?

I have a feeling they're going to say because he didn't work his weeks notice then he shouldn't get paid but they told him (and two others) he didn't need to work it.

Angry

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flowery · 19/04/2013 09:45

Ring and ask, in case there's been an error, delay or genuine oversight.

If they say they're not going to pay him at all, he needs to then write to them, but ring first as it might potentially get cleared up quickly.

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