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Losing your
job through redundancy can come as quite a shock. One of the first
things you will want to know is what payments you may be entitled
to as a result and how to get them.
This website
gives you your rights and tells you what we can do for you and
how to get our help.
- If your
employer is made legally insolvent or has not paid you what
you are due, we may be able to make a payment in place of your
employer.
- If your
employer cannot afford to make redundancy payments without risking
going out of business, we may be able to make a redundancy payment
instead. However your employer must agree to repay the money
as soon as the business can afford it.
We want to
give you a fast, accurate and sympathetic service. This website
sets out our charter of service, so you know what you are entitled
to expect from us.
This is not
a full statement of the law on redundancy and insolvency
payments.
What
payments am I entitled to if I am made redundant?
Your employer
should pay you:
- wages owed
- holiday
pay owed
- compensation
for pay you have lost through not being given the proper period
of notice
- a redundancy
payment, if you qualify.
You are normally
entitled to a redundancy payment from your employer if:
- you have
been employed continuously by your employer for at least 2 years
and
- you are
aged 20 to 64 years old.
How
much redundancy payment will I get?
Your employer
must pay you at least the amount of the redundancy payment
under employment rights law.
The amount
is based on
- the number
of years you have worked for your employer and your age;
- your weekly
pay limited to the maximum set and reviewed by the Government
each year; and
- the minimum
required under the National Minimum Wage Regulations.
What
if my employer hasn't paid me?
If your employer
is not legally insolvent but makes you redundant and doesn't pay
your wages, your holiday pay, your pay instead of notice or your
redundancy pay, you should claim them from your employer in writing.
If your employer
still fails to pay, or does not reply, you should ask an Employment
Tribunal to consider what you are owed and who should pay it
(see How
to apply to an Employment Tribunal [or Scotland
version]).
If the Tribunal orders your employer to pay but he or she does
not do so, we may be able to pay your redundancy entitlement.
But we cannot pay outstanding wages, holiday or notice pay.
You should
make your claim to us on Form
RP1
(27Kb). If your employer has not given
you this form, you can get it from the DTI Publications Orderline.
You will find the phone number and address below.
We cannot
pay other debts unless your employer is legally insolvent.
| Where
can I get further help or advice? |
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You can ring
the Redundancy Payments Service Helpline on 0845 1450004.
Remember
- we are here to help you.
Booklet
PL 808 Redundancy Payments
gives more detailed information.
What
happens if my employer is made insolvent?
If your employer
is made legally insolvent, an insolvency practitioner
will be appointed to look after the business and will deal with
any debts owed to employees.
What
can I claim?
The main
debts you can claim are
- wages you
are owed
- holiday
pay you are owed
- compensation
for pay you have lost through not being given the proper period
of notice; and
- a redundancy
payment, if you qualify.
How
can I claim?
If your employer
is legally insolvent, you can claim a payment (up to government
limits) from us. The insolvency practitioner will normally arrange
for you to fill in the necessary forms. If you are still owed
money after we have paid you, tell the insolvency practitioner,
who may be able to pay the rest if there are enough assets.
If you are
unemployed you should visit your local Jobcentre Plus office and
claim any benefits or allowances you may
be entitled to.
| Where
can I get further help or advice? |
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Booklet
PL 718 Your rights
if your employer is insolvent gives more detailed
information.
What
happens when another employer takes over the business?
A new employer
who takes over the business must normally honour your contract
and is responsible for any debts the old employer owed you. If
the new employer keeps you on, you are not entitled to a redundancy
payment.
What
happens if I am dismissed?
If you are
dismissed in the course of a business transfer from one employer
to another, you are not normally entitled to a redundancy payment,
although you may be able to claim compensation for unfair dismissal
from the new employer.
Some employees
who have been dismissed may be entitled to redundancy payments
from the old employer. We will make these payments if the old
employer was insolvent. In this case, we will decide if you qualify
for a payment, taking all circumstances into account.
Employees
may have to apply to an Employment Tribunal to sort out any dispute.
There are time limits for applying.
Will
a transfer delay my payment?
Entitlement
can take some time to assess in cases where the business is being
or has been transferred to a new employer. If you have made a
claim with us and you are concerned about a delay, contact us
and we will do our best to answer your questions and explain what
is happening.
Where
can I get further help or advice?
Booklet
PL 699 Employment Rights on
the Transfer of an Undertaking gives more detail..
Where
do I send my claim?
Unless the
insolvency practitioner tells you differently, send your form
to the Redundancy Payments Office named on it.
Our offices
are at the following addresses:
Ladywell
House
Ladywell Road
Edinburgh EH12 7UR
Phone: 0131 316 5600
7th Floor
Hagley House
83-85 Hagley Road
Birmingham B16 8QG
Phone: 0121 456 4411
PO Box 15
Exchange House
60 Exchange Road
Watford
WD1 7SP
Phone: 01923 210 700
What
happens to my claim?
- We may
check your employer's financial circumstances and wage records.
- We may
have to see whether the business is being transferred to a new
employer, who might be responsible for paying you.
- We will
reduce your payments by the value of any unclaimed benefits,
or the amount you could have earned from a new job
- As soon
as we are sure of your entitlement, we will arrange for a payment
to be sent to you.
What
happens if I disagree with the decisions made?
If you have
a dispute with your employer, your insolvency practitioner or
us about your entitlement, you can appeal to an Employment Tribunal
to hear your case and they will make a decision. There are time
limits for applying.
Booklet
How
to apply to an Employment Tribunal [or Scotland
version] gives more information.
How
can I find out more?
You can find
out more by doing the following:
- By ringing
our helpline on 0845 1450004 about general
enquiries.
Mondays to Fridays from 9am to 5pm.
- By writing
to The Redundancy Payments Officer dealing with your claim.
Forms
and booklets
You can get
forms and booklets referred to in this leaflet from DTI
Publications Orderline.
Admail 528,
London SW1W 8YT
Phone: 0870 1502 500.
Fax: 0870 1502 333.
You can also
get booklets from your local Jobcentre Plus.
Our standards
of service
We aim to:
- provide
a fair service;
- pay your
claim accurately;
- pay your
claim as quickly as possible; and
- answer
your enquiries promptly and politely.
- If you
want information or advice on redundancy payments, ring
our helpline on 0845 1450004 or write to us.
- If you
call us and we cannot help with your enquiry immediately,
we will call back as soon as possible.
- If you
write to us, we will reply within 10 working days of receiving
your letter.
We are committed
to improving our performance through continually monitoring and
revising our targets whenever possible.
We review
our charter regularly, revising it to reflect the service standards
you require. To help us do this, we carry out customer surveys
every year. We have produced a summary
of the results of our latest customer survey. It also gives
our headline performance figures for the last financial year and
our payment target for the next. We welcome your comments and suggestions for ways
to improve our services and facilities.
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you are unhappy about our service, ring or write to the person
dealing with your claim. If they cannot help you, ask
to speak to their supervisor. If you are still not satisfied,
contact the Customer Service Officer at the Redundancy Payments
Office dealing with your claim at the following addresses.
CSO
Edinburgh
Ladywell House,
Ladywell Road,
Edinburgh EH12 7UR
Phone: 0131 316 5603
CSO
Birmingham
Hagley House,
7th-9th Floors,
83-85 Hagley Road,
Birmingham B16 8QG
Employer name A to J:
Phone: 0121 678 1826
Employer name K to Z:
Phone: 0121 678 1870
CSO
Watford
PO Box 15,
Exchange House,
Exchange Road,
Watford,
Herts WD1 7SP
Phone: 01923 6551 33
At each
stage we are committed to investigate, explain fully and do
our best to make sure things are put right. But if you feel
matters have still not been resolved, contact the manager
at the office dealing with your claim on the following phone
numbers.
Manager
Birmingham:
Employers name A to J:
Phone: 0121 678 2902
Manager
Birmingham:
Employers name K to Z:
Phone: 0121 678 2737
Manager
Watford Phone: 01923 655 143
Manager
Edinburgh Phone: 0131 316 5613
If you
are still not satisfied that your complaint has been sorted
out, you can contact the head of the Redundancy Payments
Office at:
Room
4137,
1 Victoria Street,
London SW1H 0ET
Phone: 020 7215 5921
Fax: 020 7215 2636
Email:
mailbox.ir2@irdv.dti.gov.uk
Textphone:
(For the deaf and hard of hearing) 020 7215 6740
You
may also write at any time to your MP, who may decide to
refer your complaint to the Parliamentary Ombudsman. Your
local Citizens Advice Bureau can give you the address of
your MP.
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