Seasonal Workers Redundancy Rights
Discussion
Hello,
Just been given termination of one of my employments that I have done seasonally over the last 10years. Director has ended it all with a letter to every staff member ceasing trading immediately. I am owed a lot of money in wages but I have been assured this will be paid and have written a letter to the director to give in first thing tomorrow.
I was wondering if anyone here knows employment law specifically continuity of employment to claim a redundancy payment (whether through section 212(3)b) of the Employment Rights Act 1996 or otherwise). As i have been with this employer for the season Feb - Oct for the last 10 years.
Or if anyone know of a good solicitor / firm that would know if I have any right more the a weeks pay in lieu of notice?
Thanks for any help. Stressful times. It is the way he has done it rather then anything not for lack of business but due to other financial gains
Just been given termination of one of my employments that I have done seasonally over the last 10years. Director has ended it all with a letter to every staff member ceasing trading immediately. I am owed a lot of money in wages but I have been assured this will be paid and have written a letter to the director to give in first thing tomorrow.
I was wondering if anyone here knows employment law specifically continuity of employment to claim a redundancy payment (whether through section 212(3)b) of the Employment Rights Act 1996 or otherwise). As i have been with this employer for the season Feb - Oct for the last 10 years.
Or if anyone know of a good solicitor / firm that would know if I have any right more the a weeks pay in lieu of notice?
Thanks for any help. Stressful times. It is the way he has done it rather then anything not for lack of business but due to other financial gains
MrTinkerer said:
Hello,
Just been given termination of one of my employments that I have done seasonally over the last 10years. Director has ended it all with a letter to every staff member ceasing trading immediately. I am owed a lot of money in wages but I have been assured this will be paid and have written a letter to the director to give in first thing tomorrow.
I was wondering if anyone here knows employment law specifically continuity of employment to claim a redundancy payment (whether through section 212(3)b) of the Employment Rights Act 1996 or otherwise). As i have been with this employer for the season Feb - Oct for the last 10 years.
Or if anyone know of a good solicitor / firm that would know if I have any right more the a weeks pay in lieu of notice?
Thanks for any help. Stressful times. It is the way he has done it rather then anything not for lack of business but due to other financial gains
The first and most important question is are you an employee or a worker? You may find this of interest.Just been given termination of one of my employments that I have done seasonally over the last 10years. Director has ended it all with a letter to every staff member ceasing trading immediately. I am owed a lot of money in wages but I have been assured this will be paid and have written a letter to the director to give in first thing tomorrow.
I was wondering if anyone here knows employment law specifically continuity of employment to claim a redundancy payment (whether through section 212(3)b) of the Employment Rights Act 1996 or otherwise). As i have been with this employer for the season Feb - Oct for the last 10 years.
Or if anyone know of a good solicitor / firm that would know if I have any right more the a weeks pay in lieu of notice?
Thanks for any help. Stressful times. It is the way he has done it rather then anything not for lack of business but due to other financial gains
It is written from an employer's perspective but it should be no less useful to you on that account.
https://www.personneltoday.com/hr/seasonal-workers...
Red Devil said:
The first and most important question is are you an employee or a worker? You may find this of interest.
It is written from an employer's perspective but it should be no less useful to you on that account.
https://www.personneltoday.com/hr/seasonal-workers...
Thanks guys. I am defiently classed as an employee on a salary and preety much running the company. I know my rights are limited as employement stops for 3 months a year but I didnt known if there was a clause / loophole to way to prove that as I worked for 10 years for same employer it shows a continuation of employment and myself beeing presrnt for every day the compnay jas traded. It is written from an employer's perspective but it should be no less useful to you on that account.
https://www.personneltoday.com/hr/seasonal-workers...
I will have to look for an employment lawyer to help get me what is owed in outstanding wages plus any other entitlements.
What happened for the 3 months each year you didn't work ? Were you paid for the three months you didn't work or on a retainer ?
What does you contract say if anything re your employment status, was your employment terminated each year or does the contract show you were employed on a permanent basis with a 3 month shut down each year?
The devil might be in the detail if you have an employment contract.
My next door neighbour worked a similar pattern, laid off for 4 months each year on a retainer but clearly employed full time and with full entitlements after 2 years service. He did temporary driving work during his down time which had no impact on his employment status with his main employer.
What does you contract say if anything re your employment status, was your employment terminated each year or does the contract show you were employed on a permanent basis with a 3 month shut down each year?
The devil might be in the detail if you have an employment contract.
My next door neighbour worked a similar pattern, laid off for 4 months each year on a retainer but clearly employed full time and with full entitlements after 2 years service. He did temporary driving work during his down time which had no impact on his employment status with his main employer.
Always been sent a p45 at end of season and wage books shut down. I am will seek further advice from a specialist as further to my rights I been told a couple of times im still employed I havent lost my job and that the company just cannot trade. But I have a notice given ti me by himself that states I have 1 weeks notice which will be paid in leui. ( which i understand to mean I have 1week left there from sunday and I will ve paid for the week wether or not i eork it)
Vaud said:
You could try ACAS - free - they may be able to help.
I've called them twice in the last 10 years and each time they simply were not interested in hearing what I had to say OR in hearing what my employer had been doing.ACAS are a shower of s
t, they always take the side of the employers, they exist to help employers avoid breaking employment law, they ARE NOT there for the benefit of employee's.I am pretty sure that as you received a P45 at the end of every season, that will reset the clock on any possible redundancy as they are separate employments. Were you contributing to any Workplace pension scheme or were you below threshold/opting out?
Edited by vitesse2000 on Monday 13th August 23:29
vitesse2000 said:
I am pretty sure that as you received a P45 at the end of every season, that will reset the clock on any possible redundancy as they are separate employments. Were you contributing to any Workplace pension scheme or were you below threshold/opting out?
Been paying into pensions scheme. But from what I have read by being of the books each year my rights are minimal. Had a few back and throws from director he said we will talk today. My aim is to try and get something in writing ageeeing to pay the money he owed me as I do not have a contract in writing or statement of particulars stupidly.Edited by vitesse2000 on Monday 13th August 23:29
MrTinkerer said:
Been paying into pensions scheme. But from what I have read by being of the books each year my rights are minimal. Had a few back and throws from director he said we will talk today. My aim is to try and get something in writing ageeeing to pay the money he owed me as I do not have a contract in writing or statement of particulars stupidly.
Ah I was going to ask what the contract said....MrTinkerer said:
Been paying into pensions scheme. But from what I have read by being of the books each year my rights are minimal. Had a few back and throws from director he said we will talk today. My aim is to try and get something in writing ageeeing to pay the money he owed me as I do not have a contract in writing or statement of particulars stupidly.
Good luck with your chat today, hopefully the Director will be able to pay you all your owed, do you know why they're ceasing to trade?Not that I think it makes any legal difference for you but is it an "owner/director" company you work for? Just thinking that if it is they may be as emotionally upset by the whole thing as you are!
lyonspride said:
I've called them twice in the last 10 years and each time they simply were not interested in hearing what I had to say OR in hearing what my employer had been doing.
ACAS are a shower of st, they always take the side of the employers, they exist to help employers avoid breaking employment law, they ARE NOT there for the benefit of employee's.
No they don't, but I'm sorry that you had a bad experience. They can be helpful...ACAS are a shower of s
t, they always take the side of the employers, they exist to help employers avoid breaking employment law, they ARE NOT there for the benefit of employee's.I agree. When I was owed unpaid overtime by a former employer in 2016, I used ACAS and they provided somebody who acted as a conciliator between us and I got my money.
It wasn't a lot, only a few £hundred but it was the principle. I had to agree to pay for a hearing if it was required but it never got that far. It took a bit of time and there were several letters and long phone calls but cost me £0.
It wasn't a lot, only a few £hundred but it was the principle. I had to agree to pay for a hearing if it was required but it never got that far. It took a bit of time and there were several letters and long phone calls but cost me £0.
Marcellus said:
Good luck with your chat today, hopefully the Director will be able to pay you all your owed, do you know why they're ceasing to trade?
Not that I think it makes any legal difference for you but is it an "owner/director" company you work for? Just thinking that if it is they may be as emotionally upset by the whole thing as you are!
I think the reasons behind it is due to the land he owns and opperates from and feilds behind now have planning and the devloper is moving in. I have know for 4 years this was coming planning granted last year and we thought that was it / be moving premise but there was a snag he asked me back again this year after a few meals out etc and stupidly I said yes. Maybe it is emotion I run the business like it was my own for 11 years and all the staff are turning to me who knows no more them then. Alot of seasonal workers, students so they be ok just jobless for few weeks but its emotionally stressful for me answer there questions whilst I have my own awaiting to be answered.Not that I think it makes any legal difference for you but is it an "owner/director" company you work for? Just thinking that if it is they may be as emotionally upset by the whole thing as you are!
I was going to go in today but didnt director called said he got no time to chat today gave an excuse but I think he seeking advice on mt letter so I am meeting tommorow. I am only one with password to an online account with 3k in and I keep being asked for that I will probably give in and give that tommorow and hope for the best.
The owner is the director and it is his baby but he long lost interest and just seen it as cash cow. I dont think its emotional at all for him
Jasandjules said:
MrTinkerer said:
Been paying into pensions scheme. But from what I have read by being of the books each year my rights are minimal. Had a few back and throws from director he said we will talk today. My aim is to try and get something in writing ageeeing to pay the money he owed me as I do not have a contract in writing or statement of particulars stupidly.
Ah I was going to ask what the contract said....See - http://www.acas.org.uk/index.aspx?articleid=3251
If the OP has not been provided with the latter his employer is in statutory breach.
https://www.legislation.gov.uk/ukpga/1996/18/secti...
It's basic 'Employer 101' knowledge.
There is no excuse for anyone in business who has employees to be unaware of it.
OP, I’d suggest googling ‘continuity of Employment’ rules. Employment rights Act covers it. You may very well find that as it’s seasonal and customary to operate in this way (even though it means termination of employment each season) that the person still accrues rights. Also, look up ‘umbrella contracts’.
I’d post everything up myself but
a) I’m not being paid to do it
b) a
I’d post everything up myself but
a) I’m not being paid to do it
b) a
TVR1 said:
OP, I’d suggest googling ‘continuity of Employment’ rules. Employment rights Act covers it. You may very well find that as it’s seasonal and customary to operate in this way (even though it means termination of employment each season) that the person still accrues rights. Also, look up ‘umbrella contracts’.
I’d post everything up myself but
a) I’m not being paid to do it
b) a
Thanks this is what I was after I will look further into this via google. Do you work in this sector? I’d post everything up myself but
a) I’m not being paid to do it
b) a
I am having issues with the advice I can get due to seasonality of the work I had read about umbrella contracts etc but I am unsure wether I would be covered and struggled to find the information as it seems more niche. The lack of contract and / or particulars also make it harder.
My leter that I delivered by hand metioned the lack of contract / particulars and that I would be taking that further if it came to it. I believe the fine is 4 weeks wages / £4000.
Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff