Employment Tribunal - Redundany Payment

[Bigi]

Hi, looking for some advice/answers hopefully someone here can help.

If a claim for a redundancy payment is made to a tribunal and is successful, can the tribunal award an amount contained in the contract or only the statutory amount?

If they can award the amount contained in the contract would the claim need to have been made within 3 months as opposed to 6 months?

Thanks in advance.

[charitynjw]

Re: Employment Tribunal - Redundany Payment

Not really enough info, but generally redundancy is covered by the Employment Rights Act 1996, particularly ss 210-219.
Have you considered an ACAS conciliation?

[di30]

Re: Employment Tribunal - Redundany Payment

Hi and welcome

As charitynjw says, but are you also in the works union that may also be of some help to you?

[Bigi]

Re: Employment Tribunal - Redundany Payment

Hi, no I wasn't in the union.

The actual situation is bit tricky it seems, maybe you can shed some light if I explain further.

I was initially employed on a fixed term contract for 1 year, this was extended a couple of times to a total of 2 years 3 months. I then did an additional 6 month contract so a total of 2 years 9 months continuous employment.

I believe I should be entitled to a redundancy payment however the final 6 month contract was used as cover for someone on a career break, they are saying as this person returned to the position it is not a redundancy situation and I was dismissed for some other substantial reason.

I spoke with CAB some time ago and they thought I had a case so I lodged an employment tribunal. I was told the time limit for this was 6 months, due to the time it took in trying to sort the matter out directly with the employer my tribunal form went in after more than 3 months. I wasn't aware of doing so but apparently my form made 2 claims, one for less favorable treatment and one for redundancy payment. There was a pre hearing review where the less favorable treatment claim was disallowed due to time limits.

I have been contacted by ACAS and the employer has made an offer to settle, however the amount offered is substantially less than what I believe I am entitled to in the contract (namely 2 months salary rather than the statutory amount of 2 weeks).

So if the tribunal can only award the statutory amount I may take the offer to save the hassle, however if they can award the full amount as per the contract then I may refuse the offer.

Hope that makes sense.

[Guest]

Re: Employment Tribunal - Redundany Payment

The Tribunal are not limited by any statutory amount (at least up to a maximum of Ł66,200) and can award more than two weeks wages, the idea being to compensate you for what you have lost by reason of the unlawful conduct that forms the basis for your claim.

Since your employment was terminated, your main argument here is about lost earings. In this case however, you will be under a duty to mitigate your loss. This means that you will be expected to go and get another job. Just because you have been dismissed (however unfairly) you cannot rely on a large payout from your ex-employer, therefore the sums you can claim will be limited to what your contact of employment stated regarding your notice period.

[Bigi]

Re: Employment Tribunal - Redundany Payment

Hi, all I'm seeking is the 2 months pay that I believe I'm contractually entitled to, nothing more.

The sticking point is that the employer says its not a redundancy situation.

The reason I was asking about whether the tribunal can award only the statutory amount or more is that the person from ACAS told me he wasn't sure if to get the contract amount would need some sort of breach of contract claim, which I didn't make.

[Guest]

Re: Employment Tribunal - Redundany Payment

What sort of claim did you make?

[Bigi]

Re: Employment Tribunal - Redundany Payment

A claim for a redundancy payment.

[Bigi]

Re: Employment Tribunal - Redundany Payment

Any more thoughts on where I stand with this case?

[Guest]

Re: Employment Tribunal - Redundany Payment

You have already answered your own question. Since one of the grounds for your claim has already been disallowed and it transpires that you were not made redundant, it would appear that you have very little to go on.

[Bigi]

Re: Employment Tribunal - Redundany Payment

So 2 years 3 months fixed term contracts + 6 month fixed term contract covering someone = not redundant?

Working for them for an extra 6 moths means I lose my entitlement?

[charitynjw]

Re: Employment Tribunal - Redundany Payment

Hi Bigi,
When was the PHR?

[Bigi]

Re: Employment Tribunal - Redundany Payment

Some time ago now, before christmas, why?

[charitynjw]

Re: Employment Tribunal - Redundany Payment

You can, in certain circumstances, ask for a review (within 14 days of the PHR hearing judgment).
You can also appeal a decision to the EAT, but that must be within 42 days.
Is the case going to be heard on the remaining issue?

[Bigi]

Re: Employment Tribunal - Redundany Payment

Yes as the time limit was 6 months. Thats the reason for my original question as to whether a claim for redundancy payment is only for the statutory amount or not.