Redundancy question for lawyer mums?

[MizZan]

I've been made redundant by my company and they are trying to hold back all kinds of payments from me. Would greatly appreciate anyone with real legal knowledge helping with the 2 questions below:

1. I've been with the company over 5 years (continously). In my contract it says they have to give 30 days notice of redundancy, which is what they did. But legally, I believe they have to give 1 week's notice for every year I've worked there, which would mean 5 weeks notice or 35 days. So - can they still just get away with 30 days because it's in my contract, or do they have to make it 35 because of length of service.
   
   
2. Do they have to pay me for unused vacation days that I've accumulated this year?
   
   
3. They did not give me any consultation period, make any attempt to find or offer me a job elsewhere in the company, tell me why I was specifically selected for redundancy as opposed to other members of my team, or offer me the right to appeal the decision. Would this give me grounds to take them to an employment tribunal, and if so, how likely is it that I'd get anything out of it?
   
   thanks.....

[Piccalilli]

1. yes, you're entitled to one week's notice per complete year of service so 5 weeks
   
   
2. you're entitled to be paid for accrued unused holiday
   
   
3. yes, you could take them to an employment tribunal as they've failed to follow any kind of fair procedure - if they've not even had a meeting with you to explain why they're making you redundant it may even be automatically unfair dismissal. Whether it's worth your while depends on how quickly you get another job. It would at the very least be worth threatening to take them to a tribunal however - write them a letter saying you believe you've been unfairly dismissed and that they've failed to follow the statutory dismissal proceduren- you never know, they might make you an offer.

[chocolatekimmy]

You would be found to have been automatically unfairly dismissed because they didn't follow statutory procedure. They should have informed you in writing of possible dismissal, held a meeting, given you a right of appeal so they have breached it in many ways (look up statutory disciplinary on ACAS website).

You will win the case if you go to tribunal, as I said it is automatically unfair on process. You would get minimum payment of around £1100 plus that could be enhanced because they have failed to follow legislation

In addition, they haven't followed redundancy procedure with regard to notifications, selection criteria, alternative roles available, meaningful consultation etc

Piccalilli is right on all the other points and I agree about writing to see if they make you an offer

[hellywobs]

and make sure you don't sign any letters or compromise agreements from them until you are happy - you have to have legal advice on a compromise agreement anyway (which they should contribute to)