redundancy question

Author
Discussion

moanthebairns

Original Poster:

17,918 posts

197 months

Sunday 24th May 2015
quotequote all
Recently I was made redundant. I worked for the company for 2 years as a paye employee without a contract.

I was then given a contract and worked a further two years.

I've only been paid two weeks redundancy due to them saying my contact started only two years ago.

Is this the case or should it include all years worked.

It's almost a grand I'm missing out on so worth asking.

elanfan

5,516 posts

226 months

Sunday 24th May 2015
quotequote all
It you have proof with payslips etc and weren't self employed for those 2 years I don't think they have a leg to stand on. Getting your money might be a more difficult matter. How easily embarrass able are they?

moanthebairns

Original Poster:

17,918 posts

197 months

Sunday 24th May 2015
quotequote all
Yip have all. Wasn't self employed as I literally just setup my own company a few weeks ago.

So is that the case, they are legally wrong. They aren't very clued up on this, nor anything that involves HR. Small company of 50 employees

barker22

1,037 posts

166 months

Monday 25th May 2015
quotequote all
https://www.gov.uk/redundant-your-rights/redundanc...

You will be entitled to the 4 weeks if you was there 4 years. If you are over 41 you will get 1.5 x week pay for each year you have worked.

moanthebairns

Original Poster:

17,918 posts

197 months

Wednesday 27th May 2015
quotequote all
But can you count the first two years as I never had a contract.

I wasn't a contractor nor self employed in the first two years. I was just paye

Edited by moanthebairns on Wednesday 27th May 21:48

Gargamel

14,957 posts

260 months

Wednesday 27th May 2015
quotequote all
moanthebairns said:
But can you count the first two years as I never had a contract.
Yes

Gargamel

14,957 posts

260 months

Wednesday 27th May 2015
quotequote all
moanthebairns said:
But can you count the first two years as I never had a contract.
http://www.nidirect.gov.uk/contracts-of-employment-an-introduction

moanthebairns

Original Poster:

17,918 posts

197 months

Thursday 28th May 2015
quotequote all
Well contacted ACAS after people saying on here I was an employee.

I done the HMRC employee test, and your correct I was technically an employee for those two years even though I never received a contract.

So looks like I've been humped out of almost a grand, ACAS confirmed that I am entitled to at least 4 weeks pay (max £450 p/w), so I wrote to my old work highlighting this.

Thanks, I would have just accepted it had it not been for this thread.