O/T - anyone know about employment law?

[LuckyYem]

Hi, The company my mum works for are looking to make redundancies, they are an american and canadian company although she works in england, they have said she will not get redundancy pay although she has worked at the same place - different owners for 8 years. Is this correct? She is going to CAB but can't get an appointment for a couple of days and is worried sick.

 

[SabrinaKat]

It depends on her contract, but under English law, she would be entitled only to statutory redundancy (e.g. what the UK government pays) unless her contract stipulates otherwise. Look at www.direct.gov.co.uk and redundancy, but I cut and pasted this:

0.5 weeks pay for each full year of service where your age was under 22
1 weeks pay for each full year of service where your age was 22 - 41
1.5 weeks pay for each full year of service where your age was 41 or above

so, if you mum is 60 (sorry, just guessing!), she would be entitled to 8x1.5 or 12wks upto 400-450 per week....

hope that helps - have her check her contract and see if there are any provisions beyond that!

(I trained as a solicitor in Ireland, but never qualified (too boring (for me!))

best wishes

 

[LuckyYem]

It depends on her contract, but under English law, she would be entitled only to statutory redundancy (e.g. what the UK government pays) unless her contract stipulates otherwise. Look at www.direct.gov.co.uk and redundancy, but I cut and pasted this:

0.5 weeks pay for each full year of service where your age was under 22
1 weeks pay for each full year of service where your age was 22 - 41
1.5 weeks pay for each full year of service where your age was 41 or above

so, if you mum is 60 (sorry, just guessing!), she would be entitled to 8x1.5 or 12wks upto 400-450 per week....

hope that helps - have her check her contract and see if there are any provisions beyond that!

(I trained as a solicitor in Ireland, but never qualified (too boring (for me!))

best wishes

Brilliant thank you. That is the same information I found. They have all been taken on, on their old contracts she will have a look at hers when she gets home. The new company only took over last Thursday, then sent a memo on Monday to say they are making redundancies without going to consultation and nobody is safe. She asked my to say she is only 50 (which is true btw lol) x

 

[My_First]

I am sure PP above can advise better, but from my limited Employment Law bit from my HR masters, you will need to check that each time she was TUPE'ed to the new company and it wasnt a new company, new contract, without keeping continuation of service. This is, however, where the TUPE law gets complicated, because depending on the type of transfer, if she did get made redundant, she could claim unfair dismissal. Its a complicated process, and a solicior up on Employment Law could advise on.

Also the redundancy process has to be followed to the letter, or that could be contested too. I think its worth having a proper legal chat with someone, maybe SabrinaKat knows the ins and outs?