need advice/info re redundancy please!!!

LegacyUser

I posted here recently trying to find out if I was entitled to holiday pay and was advised that I may be entitled to redundancy pay too.

Id like to explain the situation here to get peopls opinions before I do anything about it as I have left my last place of employment on good terms and would prefer to try keep it this way.

First off I am having a tough time getting my holiday pay off my employers but I am persevering with it.

I worked as a part time employee for a business in the tourist industry (seaside amusement park) for almost 3 years. My hours would vary grately throughout the year, some weeks I would have no hours, other weekends I might have 6 hours and other weeks (during the peak season in summer when I worked full time) I would have up to 35 hours or so.

I never received formal notification that my job was coming to an end but basically we were aware that it was going to happen since July/August and I worked my last day at the end of September. Since then I have been trying to pursue my holiday pay and have not mentioned anything about redundancy pay.

Any advice or info would be really appreciated as this is worrying me quite a bit...

Newaglish

Despite the fact that you worked part time and irregular hours, you will be entitled to redundancy if a genuine redundancy situation exists.

What were the circumstances leading to your departure? Did you quit your job? Did your contract expire? Did they tell you there was no work for you any more?

LegacyUser

Newaglish wrote: »

Despite the fact that you worked part time and irregular hours, you will be entitled to redundancy if a genuine redundancy situation exists.

What were the circumstances leading to your departure? Did you quit your job? Did your contract expire? Did they tell you there was no work for you any more?

Basically I used to work in one indoor section of the business all along, then during the summer a separate outside section opened up and as usual like other summers I was working between the inside and outside section. Then the inside section closed in the summer for good so I was kept on working in the outside section. Nobody ever officially came to tell me I was going to have no job at the end of the summer but it was just sort of assumed as we all knew the outside section never stays open after the summer. Therefore when the outside section closed I had no more work down there for me.

moretothegirl

bump!

Nody

Well until they tell you that you're being let go then you're not redundant. Also keep in mind it would really depend on how the contract is seen (since you have nothing written) but I'd say you're likely to be considered to have a zero hour contract (since as you said you got no hours some weeks) in which case they can keep you employed but offer you no hours for infinity and hence never pay redundancy (redundancy would only kick in once they tell you that they are letting you go; you leaving does not allow you to claim redundancy).

moretothegirl

its easier to just not go private on this one

I see what your saying about the no hours but if I get my P45 from them will I be entitled to pay then?

Nody

Depends on why they give you the P45; if they say here's your P45 thanks for your hard work but there is no job for you now then yes, you are most likely have the right to redundancy. If you're asking for the P45 and they give it to you, no, you don't have a right to redundancy. The key is that they have to be the once to iniate it.

You can find more details about it on Citizen information including the relevant laws etc. You may need to qoute them this considering the struggle you're having over your holiday pay (and it also gives you links to who to speak to if needed).

moretothegirl

Nody wrote: »

Depends on why they give you the P45; if they say here's your P45 thanks for your hard work but there is no job for you now then yes, you are most likely have the right to redundancy. If you're asking for the P45 and they give it to you, no, you don't have a right to redundancy. The key is that they have to be the once to iniate it.

You can find more details about it on Citizen information including the relevant laws etc. You may need to qoute them this considering the struggle you're having over your holiday pay (and it also gives you links to who to speak to if needed).

thanks for your info, i spoke to somebody at NERA earlier today but they never mentioned this possibility as they felt I would be entitled. It sounds as though it kind of comes down to my word against theres really in the end.