Is it redundancy

[milly143]

I really need some help with this. I've tried CAB but just can't get through to my local branch. On Wednesday last week I was called in to the office and told by my boss that I was being given my 30 days notice. She then gave me a letter to confirm this which stated 'due to changes of business and restructuring'. 3 other memebers of staff all received the same. She told me that there are a lot of changes being made within the company and that staff needed to be cut down. I asked if I was being made redundant and the reply was 'in effect'. I was told that I would have to work my months notice and that as a good will gesture I would receive a weeks pay (which was not stated on the letter). Her words were then, because you are contracted under company X and not company Y then legislation does provide any further entitlement (in regards to pay). I hope that bit make sense (don't want to say company names). However I checked my contract and it does in fact state company Y. They seem to refuse to call it redundancy but I have not been dismissed. I have not raised the subject of the contract with her as I wanted to get my facts right first. I just need to know if I have been made redundant and if I am entitled to any further pay. I have worked here for 4 years, however have only been on a contract since September 2004. Nobody will be filling my position when I have left. Any help would be very much appreciated!

[stoo_pid]

Certainly sounds like redundancy to me. I'm not aware of any loopholes regarding using different names of companies to get out of following legal redundancy procedures. In fact, you don't even have to have a written contract.

Generally speaking, as long as you are over 18 & have been in 2 or more years' continuous employment with the company you are entitled to a minimum lump-sum redundancy payment. Depending on your age this can range from 0.5 to 1.5 weeks's payment for each year of service up to a maximum of �290

These links contain very useful information

ACAS 1

ACAS 2

Redundancy Help

DTI

Have a read through these first. They detail all your rights and the procefure your employer must follow. They also tell you what to do if you have any problems.
Good luck!

[gammaray]

For a start they haven't followed any of the consultation excercises required by law in order to make someone redundant. Secondly a change of company name does not entitle them to change the terms of your contract. Any "new" company would have to accept your existing contract and length of service, making them financially liable for any redundancy payments - regardless of what they call it. Seek the advice of a good employment lawyer (daunting as that sounds they aren't too expensive ). Don't allow your "boss" to brow beat you into accepting this. It's just an underhand way of reducing costs and avoiding their responsibilities.

[milly143]

Thank you so much for both of your answers. Has really helped. It would clearly seam I am entitled to something and I just really want what I am owed. I will definately contact ACAS tomorrow and get some legal advice. Thank you again!

[cascarelli]

Certainly sounds like redundancy - but the company have got it all wrong. They need to follow a 3 step procedure - letter, meeting, appeal. If they don't follow the procedure exactly they'll leave themselves open to a case of unfair dismissal which can be quite costly. This is all in the Dismissal and Disciplinary Procedures (DDP) which came into law in October 2004.

I'd say you have a good case against them. Probably wont get you your job back (and would you want to go back anyway?) but you may get some compensation on top of redundancy.

Sounds very silly of the employer if all you say is true.