Laid off without pay....
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Discussion

jessica

Original Poster:

6,321 posts

274 months

Monday 15th February 2010
quotequote all
help and advice needed please.
best friend laid off without pay.
6 months now , still no pay or offer of work.
She can go through a legal process to get made redundant but mortgage protection have a clause which states if you make yourself redundant then no money to pay mortgage. Also if your just laid off you have a job and hence no mortgage protection either
Employer is ignoring e-mails and phone calls. re: sending out a P45 and general requests to make redundant, as they have already stated company is just a name and not functioning at present.
NO WORK AT ALL. Although not in receivership yet.
How can she deal with this. Is there some legal recourse apart from the obvious of making herself redundant. been through the legal process of doing what you have to do at the appropriate time so that this can be done with a final letter. But employer is not communicating.
she is currently signing on.
Any suggestions would be much appreciated.

Graham E

13,009 posts

208 months

Monday 15th February 2010
quotequote all
Get a new job?

Mattt

16,664 posts

240 months

Monday 15th February 2010
quotequote all
CAB

Stevenj214

4,941 posts

250 months

Monday 15th February 2010
quotequote all
jessica said:
She can go through a legal process to get made redundant but mortgage protection have a clause which states if you make yourself redundant then no money to pay mortgage.
Get her to re-check the clause. I'm sure it will say [b]voluntary[b] redundancy. This isn't voluntary so PPI will pay out.

jessica

Original Poster:

6,321 posts

274 months

Monday 15th February 2010
quotequote all
Stevenj214 said:
jessica said:
She can go through a legal process to get made redundant but mortgage protection have a clause which states if you make yourself redundant then no money to pay mortgage.
Get her to re-check the clause. I'm sure it will say [b]voluntary[b] redundancy. This isn't voluntary so PPI will pay out.
Well she called them at the time and they said if she went through the legal procedure she would have effectively made herself redundant and they wouldnt pay.

edc

9,480 posts

273 months

Monday 15th February 2010
quotequote all
You can't make yourself redundant. I'm not sure I understand your references to legal procedure. Is this a formal lay-off process? Including others?

jessica

Original Poster:

6,321 posts

274 months

Monday 15th February 2010
quotequote all
edc said:
You can't make yourself redundant. I'm not sure I understand your references to legal procedure. Is this a formal lay-off process? Including others?
basically i am informed there is a series of steps you can go through if your employer lays you off indefinately and tells you on the telephone that they have wound down the company and it exists in name only. that you go through. these steps have a time limit and if your boss doesnt reply to the last step you are basically redundant. however this is not suitable for the mortgage protection, so they wont pay mortgage. even though my friend knows there is no work wont be any work at infenitum unless there is a miracle. etc.
small company. other employees we have no idea what has happened to them.
going to CAB tomorrow and got an appointment with a st hot lawyer tomorrow. Legal aid case as not employed collecting job seekers etc.