redundancy

[citypad]

hi ive got a friend who is in a bit of a muddle and told her about this website so she has asked me to put up a question on her behalf to find out where she stands.

She has worked for her local council in an elderly nursing home as a care assistant for 7years on a part time contract. recently they have decided to close down various homes. one of which is the one that she currently works for. during this process she was asked to work full time hours on a temporary basis which has just run out. she didnt sign a new contract they just sent her a letter stating that she would be working full time hours on a temporary basis. she is having a meeting tomorrow regarding redundancy and she would like to know the following:

Is she entitled to redundancy pay?
If yes how much would she get?
Can she look for another job whilst waiting for her date on her redundancy to come through?

[vinvin]

Go look at the direct.gov.uk site..........

Its a mind of useful info regarding redundancy. If its a local authority, they will make sure they do things right.

However, one of the best things to try is the ACAS helpline they are really good and helpful, you just have to tell them the whole story and they will assist you as your reveal the whole story.

I have used them a few times, always satisfied.

good luck

[sjbeale]

Your friend is entitled to redundancy pay one week's pay for every full year of service. If the employer is paying statutory redundancy pay (since 1 Feb 08 £330 per week) this will be pro rata'd for part time work. She is also entitled to pay in lieu of notice unless she is expected to work to the end of her notice period. Any accrued untaken holiday should be paid as well.

She can look for other work but if she leaves before her assigned leaving date she will forfeit her right to redundancy payment.

[FPB-advice]

Your friend would be entitled to redundancy pay.

Damn, spent 5 minutes typing out then accidentally deleted on a typing edit :(

Redundancy settlement is formed in 3 parts, notice/redundancy/accrued holidays.

Notice would be 1 week per full year of employment up to a maximum of 12 weeks.

Redundancy would not be pro-rataed or 330 per week.
Redundancy is capped to a maximum of 330 per week, if your friend earns 500pw then they get 330, if your friend earns 123 pw then they get 123.
The redundancy is subject to length of continuous service and age bands, service to 21yo = 1/2 week per year.. service to 22/40yo = 1 week per year.. service to 41+yo = 1.1/2 weeks per year.

The employer needs to establish continuous service then apply whatever ratio to each year served in each age band.

Accrued holidays are calculated to the end of the notice period, but the employer may be able to require these to be taken during notice period.

[citypad]

cheers for that guys, ill let her know your answers. shes having a meeting tomorrow so ill let you know the outcome.