Redundancy Payments Services A Statement of Charter Standards
How can we help you? 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 might be entitled to and how to get them. This leaflet outlines your rights and tells you what the Redundancy Payments Service can do for you and how to get our help. You should also contact your local Social Security Office immediately for advice on any benefits you may be entitled to as a result of losing your job. We can help you in a number of ways: If your employer has gone out of business or has not paid what you are due, we may be able to make payments 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 the payments for your employer, provided your employer agrees to repay the money as soon as the business can afford it. We want to provide you with a fast, accurate and sympathetic service. This leaflet sets out our charter of service, so that you know what you are entitled to expect from us. The text of this leaflet is available in larger print. A copy may be obtained by calling Freephone 0800 585811. (This leaflet is not a full statement of the law on redundancy and insolvency payments by which the Redundancy Payments Service must operate). 1
Redundancy payments What payments am I entitled to if I am made redundant? Your employer should pay you: Wages owed Holiday pay owed Pay in lieu of notice if you have not been given the proper period of notice Redundancy payment if you qualify Am I entitled to a redundancy payment? You are normally entitled to a redundancy payment from your employer if: you have been employed continuously by your employer for at least two years; and you made a claim in writing to your old employer within six months of being made redundant. How much redundancy payment will I get? Your employer must pay you at least the amount of the redundancy payment payable under Employment Protection legislation. This amount is based on: the number of years you have and worked for your employer; your weekly pay; and your age. The weekly pay taken into account is subject to a maximum amount set by the Government and reviewed each year. What if my employer hasn t paid me? If your employer makes you redundant and doesn t pay your wages, your holiday pay, your pay in lieu of notice or your redundancy pay, you should immediately claim them from your employer in writing. 2 It would be advisable to keep a copy in case of any later dispute.
What if my employer can t pay me? If your employer fails to pay you your redundancy payment and you have taken all reasonable steps to obtain it, we may be able to make you a payment. You should make your claim to us on Form RP1. If your employer has not given you this form you can get it from our Customer Service Unit, download a copy from our website or make your application online. (Our contact details are given on page 7 of this leaflet). We cannot pay other debts unless the employer is legally insolvent. Where can I get further help or advice? You can ring the Redundancy Payments Service free Helpline or write to our Customer Service Unit (our phone number and address can be found on page 7 of this leaflet). Remember We are here to help you. Booklet ER3, Redundancy Entitlement Statutory Rights, contains further information 3
Insolvency payments What happens if my employer is made insolvent? If your employer is made legally insolvent, an Insolvency Practitioner will be appointed and will deal with debts owed to employees. What can I claim? The main debts you can claim are: Wages owed Holiday pay owed Compensation for pay lost through not being given a proper period of notice or pay in lieu of notice. Redundancy payment if you qualify How can I claim? enclosed insert. The Insolvency Practitioner will normally arrange for you to complete 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 balance if there are sufficient assets. If you are unemployed it is in your interests to claim unemployment benefit right away we may deduct from any claim for pay in lieu of notice the amount of benefit to which you are entitled even if you do not claim it. Where can I get further help or advice? Booklet ER5, Your Rights if your Employer is Insolvent, contains further information If your employer is legally insolvent, you can claim payment of these debts from us, subject to maximum amounts. For details of the maximum amounts payable please see the 4
What happens when another employer takes over the business? A new employer who takes over the business is normally obliged to honour your contract of employment and is responsible for any debts the previous 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. In some cases, dismissed employees are entitled to receive redundancy payments from the previous employer for example, where the new employer has sound commercial reasons for not employing them. Employees may have to apply to an Industrial Tribunal to resolve 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. 5
Further information What happens to my claim? If you claim a redundancy payment from us: We may have to 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. As soon as we are sure of your entitlement, we will arrange for a payment to be sent to you. If you claim insolvency payments through an Insolvency Practitioner: What happens if I disagree with the decisions made? If you have a dispute with your employer, your Insolvency Practitioner or the Redundancy Payments Service about your entitlement, you have the right to ask an Industrial Tribunal for a legally binding decision. There are time limits for applying. Booklet ET1(NI) (April 2008), Jurisdiction Procedure in Industrial Tribunals, contains further information The Insolvency Practitioner may have to check your employer s wage records. The Insolvency Practitioner may have to see whether the business can be sold to a new employer, who may be responsible for paying you. The Insolvency Practitioner will submit your claim to us. 6
How can I find out more? The forms and leaflets you may require are available: By ringing our free Helpline on 0800 585811 (Monday to Friday 9am 4.30pm) By writing to our Customer Service Unit at: Redundancy Payments Service Room 203 Adelaide House 39-49 Adelaide Street Belfast BT2 8FD From your local JobCentre, the addresses of which are given in the phone book under Government of Northern Ireland Department for Employment and Learning. From our website at www.redundancyni.gov.uk Our Helpline and Customer Service Unit can answer general enquiries and complaints. Where do I send my claim? The claim form should be sent to the Insolvency Practitioner who issued it. If the employer is not legally insolvent return it to: Redundancy Payments Service Room 203 Adelaide House 39-49 Adelaide Street Belfast BT2 8FD Apply online You can submit your application information electronically via our secure Interactive Website at: www.redundancyni.gov.uk From the Office of the Industrial Tribunals & Fair Employment Tribunal (Application to an Industrial Tribunal (ET1)) www.employmenttribunalsni.co.uk 7
Our Service Charter Our standards of service We aim to: Pay your claim accurately. Pay your claim as quickly as possible. Answer your enquiries promptly and courteously. Deal with any complaints promptly and efficiently. Details of our standards of service for dealing with claims are given in the enclosed insert. Our performance We aim to monitor our performance at all times, in order to improve our service to you. If you call us, your enquiry will be answered promptly and courteously. If we cannot help immediately, we will tell you when we will call you back. If you write to us, we will reply within five working days of your letter arriving. If you want to ask about your claim, please ring our free Helpline or write to our Customer Service Unit (You will find the address on the back cover). We will pass your enquiry to the person dealing with your claim, who will respond to it. You will always be told who is dealing with your claim and be able to ask for that person by name if you need to make any further enquiries. Keeping in touch If you want information or advice, please ring our free Helpline (0800 585811) or write to or email our Customer Service Unit. You will find the address on the back cover. 8
If you are not satisfied If you are unhappy about the service we are giving you, please write to our Customer Service Unit and tell us why. We will investigate your complaint, give you a full explanation and put right anything which has gone wrong. We aim to deal with complaints within five working days but where the matter is complex this may take longer. In the latter instance, your complaint will be acknowledged in writing and at the same time we will advise you of any reason(s) for the delay and when you can expect a full response. If you feel the matter has still not been resolved, please telephone or write to the Manager of Redundancy Payments Service, whose address is on page 7. You may also write at any time to a MLA/MP, who may decide to refer your complaint to the Ombudsman. There are time limits for referring a complaint to the Ombudsman who may investigate any of the Department s administrative actions but not the actual decision on your claim. If you do not agree with our assessment of your claim, please let us know and we will check it, revise it if appropriate, and write to you within five working days. If you are still dissatisfied, you have the right to ask an independent Industrial Tribunal for a legally binding decision. There are time limits for applying. Application forms can be obtained from JobCentres throughout Northern Ireland, the addresses of which are given in the phone book under Government of Northern Ireland Department for Employment and Learning. Keeping up the standard We will revise our standards to take account, as far as we can, of the sort of service you require. Our Customer Service Unit will welcome your suggestions about how to improve the service. We will also be carrying out regular customer surveys to find out what you think of our service and will publish the results. 9
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THE DEPARTMENT: Our aim is to promote learning and skills, to prepare people for work and to support the economy. This document is available in other formats upon request. Further information: freephone: 0800 585811 email: rpsquery@delni.gov.uk web: www.delni.gov.uk/index/er.htm CUSTOMER SERVICE UNIT Redundancy Payments Service Room 203 Adelaide House 39-49 Adelaide Street Belfast BT2 8FD Freephone 0800 585811