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In these unprecedented times, there seems to be many more questions than answers. If you have recently lost your job due to Covid-19, or fear that redundancy might be just round the corner, we are here to offer some much-needed certainty on what rights you do have.

My company has gone into administration/liquidation. Everybody has been made redundant.

If you have lost your job because your company has closed down, you will be able to claim various types of payment from the National Insurance Fund e.g. statutory redundancy pay, pay for loss of notice, accrued but untaken holidays, and unpaid wages. You can claim these payments easily without the help of a solicitor. It is the role of the administrator or liquidator to assist you with this.

In addition, you might also be eligible for a further payment called a protective award if you were one of 20 or more employees made redundant from the same workplace without consultation. This could secure you an additional 8 weeks’ pay. You may need the help of an employment solicitor to claim a protective award as you will need to go through the Employment Tribunal.

My company has made me redundant. What type of compensation am I owed?

The company has a legal obligation to pay you for your notice period, any unused holidays, and your days worked. If you worked with your employer for 2 years or more, you are also entitled to statutory redundancy pay. If the employer refuses to pay, you can make a claim in the Employment Tribunal and force the company to pay you.

I have been offered a Settlement Agreement

You should speak to a solicitor immediately. You may be able to negotiate a higher sum and more preferable exit terms.

I am being forced to take a pay cut

You do not need to take a pay cut. If you accept one, then it should only be for a limited period. If your company is in serious hardship and you are keen to accommodate a request for a pay cut or unpaid leave, you should seek a period of unpaid special leave. This will retain your continuity of service.

At Thompsons, we are happy to offer free advice in relation to any employment concerns you have. Talk to Thompsons today.

Employment rights advice by Paul Kissen

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