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Employer Trying To Change Redundancy

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  • Employer Trying To Change Redundancy

    Good Afternoon,

    I was made redundant at the start of November, a letter from the employer states that the final day of employment was November 4th as they did not wish for me to work my notice, and agreed to pay me in lieu of this. The reason for the redundancy due to department closures, and they were no longer supposed to carry out the work that my department previously had. The final payment was due to me on 29th November, I did not recieve the payment and phone to enquire as to why, and was told that there'd been a techinical problem and the payment would be made by 5pm. The payment was still not recieved so I telephoned again the following morning and they stated that they were carrying out an investigation as they believe I have passed on information to a third party, causing them a financial loss, and they believe it to be gross misconduct, they stated they are withholding all monies until their investigations are complete, then may not pay me if they have proof of any wrong-doing.

    The only information I have passed on is details of another company who do the same service my company was no longer supposed to be offering, so this would not have caused a financial loss to them.

    I've had a few emails back and forth with them and they are claiming they are well within their rights to refuse to pay me. I am in receipt of the payslip detailing what should have been paid to me. They have gone as far as saying if they have any evidence they will call me in to an investigatory meeting, which I don't believe they have and control over as I'm not a part of their company any more.

    Is this legal, I would have thought that since my contract ended on the 4th November, and I was officially made redundant, this could not be changed, and all monies agree as part of my termination would still be owing to me regardless? They are apparently informing me of the outcome of their investigations on monday, so any help before then would be massively appreciated.
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  • #2
    Re: Employer Trying To Change Redundancy

    Hi threadman7,

    As far as I know, employers have a right to withold pay only in certain limited cicumstances.

    From CAB - http://www.adviceguide.org.uk/index/...s_your_pay.pdf

    (However, check your contract of employment to make sure there is no clause specifically about this issue.)
    CAVEAT LECTOR

    This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

    You and I do not see things as they are. We see things as we are.
    Cohen, Herb


    There is danger when a man throws his tongue into high gear before he
    gets his brain a-going.
    Phelps, C. C.


    "They couldn't hit an elephant at this distance!"
    The last words of John Sedgwick

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