Supporting rights at work
The most dramatic increase in new enquiries has been in requests for help with employment issues. These have more than doubled from 2007/8 to 2008/9. In autumn 2008 we secured additional funding from the Legal Services Commission to reinstate our specialist casework for people with problems at work.
As the recession bites there are real concerns that employment law is taking a back seat for many businesses. It is therefore vital that employees are able to enforce their employment rights.
As the only provider of legal aid employment advice in the Stoke on Trent area Stoke CAB is bearing the brunt of this upsurge in demand.
Since Christmas 2008 we have seen a significant increase in a number of businesses who have stopped trading or are looking to shed staff. In many cases employers are using a variety of means to avoid their legal responsibilities, including failing to make redundancy payments where possible.
A common problem for many employees is when temporary layoffs are used to avoid formal redundancy processes. What often happens is an employee will be laid off, as allowed for in their contract of employment, but for a very long period of time. “We have seen several people whose ‘temporary’ layoff has lasted more than six months,” said Social Welfare Law Solicitor Vanessa Sequeira. “Clearly the employer is hoping that the employee, reliant on Job Seekers Allowance in the meantime will simply give up waiting for the layoff to end and find another job elsewhere, thus relieving the employer of any responsibility to make a redundancy payment.
“Unfortunately in the current climate finding alternative employment is extremely difficult for many people and we are seeing employees caught in limbo for unacceptably long periods of time. In several cases we have been able to help people to secure their redundancy entitlement where there is no end in sight to their layoff, especially where this is not allowed under their contract of employment.”
The bureau has also helped a lot of people who have been going through genuine redundancy processes who have wanted advice on whether or not the correct procedures have been followed or the correct payments have been made.
In another case a woman had been employed by a company for many years. She was told that the company was closing and they would be unable to pay her redundancy so she should claim from the government insolvency fund. Unfortunately she was unable to do so because the company was still trading and had not gone into administration. After negotiation we were able to secure her the redundancy payment she was entitled to once the employers ruse had been exposed.
In a time of recession it is not surprising that many firms will try whatever they can to survive, even if that means denying their employees their basic employment rights. Nevertheless where they are breaking the law it is essential that employees have access to effective and professional advice on their employment rights so they can receive their due legal entitlements.
Pictured: Vanessa Sequeira, Employment Team