Redundancy advice

[Thelor]

Hi, I'm after some advice please. I have worked for my employer for 5 1/2 years, I do 16hrs a week & have done the same shifts the whole time I've been employed. I have never been given a contract or employee handbook. I haven't had ANY holiday pay as he says he doesn't pay holiday pay. I'm a Paye employee.
He owns 2 pubs within 50yrds of each other & are operated under a limited company name. He has lots of staff who aren't on the books & are paid cash. 1 of his pubs is closing & it's the pub I work my shifts in (my payslips have the other pub details on) Does he have to offer redundency to all staff across both pubs or just the 1 that's closing? & as he has 'cash' employees that aren't on the books is it fair if they keep their jobs & I get made redundant. He has said he will give me notice period & pay me redundency but I'd rather I kept a job. So I need to know what my rights are or if I am made redundant will it be classed as unfair dismissal & will he have to pay me all my holiday pay going back to my start date in 2012.
Please help me, this is my only job & it fits around my daughter as I have no family to support me hence why I want to keep my shifts.

[ULA]

Re: Redundancy advice

Hi @ Thelor. Firstly, you should have been given a contract of employment and secondly you are entitled to holiday pay. Working 16 hours per week I have calculated that you are entitled to 89 hours and 36 minutes holiday per year and that you should be paid for this holiday you can check this at https://www.gov.uk/calculate-your-holiday-entitlement/y.

I have quite a good knowledge on redundancy but need to do a bit of checking regarding the proximity of the other pub and whether it has an implication for any advice I provide. So I will get back to you.

Just wanted to you to know the other information.

[Thelor]

Re: Redundancy advice

Thank you very much for your reply, if you could please let me know about the redundency legalities that would be brilliant.
Thamks again for your response & the info about holiday entitlement.

[ULA]

Re: Redundancy advice

The pub that you work in is the establishment that is being closed down and as a consequence of this is where redundancy situation occurs. Your employer needs to go through a consultation process with you and as part of that, since he owns another pub nearby, he should consider and you can ask, as part of the consultation, whether he can offer you an alternative position at that pub rather than make you redundant.

It may be better to see if you can secure an alternative position at the pub remaining open and have a contract to cover this with continuous service from you start date at the closing down pub before discussing with your employer about the issue of you not being paid holiday pay.

Ultimately if you did bring a claim for effectively an "unlawful deductions from wages, by failing to pay holiday pay", this would be limited to a maximum of two years back pay from the date the claim is presented.