15 May 2016

A question about : employment tribrunal

Hi
my daughter and partner have been made redundant from the same employer.They have not paid their redundany payment or notice period and will not release their P45s. Do they have a good claim to go to the employment tribunal?
They have writen to the employer asking for monies due but have been ignored. They have been in contact with Acas but are worried if they go to Tribrunal they might lose and end up paying costs.

Best answers:

  • When were they made redundant, when was their last day of employment and when was their last pay day.
  • If they are both entitled to redundancy money then they must be paid it. Ditto the notice period money.
    Are ACAS helping them with this?
    Do they belong to a union?
    Without knowing the whole story it is difficult to comment further.
    If ACAS has said that they need to take them to an employment tribunal then there is no reason to think that they would lose.
    See her for information about redundancy pay:
    https://www.adviceguide.org.uk/englan...ndancy_pay.htm
    If you have a CAB near you that has an employment specialist they may want to use them for help and support.
  • Hi all Thanks for your advice they were made redundant 3rd week of july and have letter stateing redundancy and notice pay which would be paid on last day in july but it was,nt paid. the company sent letter saying they are experiencing servere financial difficulties I dont know how they think the people they dont pay will survive? they dont have a union at the workplace. acas cant get hold of the company it is still trading. As there was only 19 people made redunant they did,nt have the consultation period you have if more than 20 go does it make any differance if it is a Ltd company and a new Managing Director has taken over just before they were made redundant. any help would be great thanks I have been on all the advice sites its just so much to take in.
  • I am right in thinking you cant do that unless you have tribunal judgement if they are not insolvent
  • we have now submitted the forms for the employment tribunal as the firm is not contacting us or acas we,ll see what happens. any advice please.
  • Has nobody directly asked the company for their P45 yet?
  • yes we,ve asked twice in writing and told the tax office what they are doing
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