Q&A

Q: My income has reduced, can I claim anything?

A: Benefit entitlement depends on a number of factors including your household income, whether you have any disabilities or health conditions or whether you have made National Insurance contributions.

If you are unemployed you should consider a claim for Universal Credit which is a means tested income replacement benefit. You may also be entitled to non-means tested benefits which are based on your National Insurance record.

If you have a disability or health condition there are additional benefits which you may be entitled to such as Personal Independence Payment which is intended to help you to manage additional costs associated with your health condition. 

In addition, if you’re on a low income there could be other sources of support available such as help with council tax. If in doubt contact us for a full benefit check to find out what you might be entitled to.

Q&A: Redundancy

Q: I have been made redundant but my employer is advertising my old job, was my redundancy fair?

A: Redundancy is when a job no longer exists; this may be for a number of reasons, for example if the employer needs to restructure and the job is abolished, new methods mean that the position is no longer required, or the employer changes the work they do. Employers must do what they can to avoid making staff redundant; this includes offering employees at risk of redundancy an alternative role within the business.

If a role is the same as, or similar to, one which you were performing you may be able to claim unfair dismissal because it may be the case that the employer failed to find you alternative work rather than make you redundant. 

It is possible that the circumstances within the company have changed since the redundancy took place, which meant that the redundancy was genuine at the time but the company are now able to take on additional staff. 

Regardless of how long you were employed for you should always ensure that you were not made redundant because of discrimination (based on race, age, sexuality, disability or other protected characteristics), if you are concerned that you were you should challenge the redundancy and consider a discrimination claim.

Before beginning an employment tribunal claim you need to speak to Acas (www.acas.org.uk) to start the early conciliation process. 

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Q&A: Change in Working Hours

Q: My employer has told me that they need to halve my working hours.  Do I have any choice about this?  Will I be entitled to any benefits?

A: The first thing to do is check your employment contract; your employer can’t change your working hours unless there is a condition in your contract which allows them to. If there is nothing in your contract the employer must negotiate with you to come to an agreement. You should also ensure that the change you are being asked to make is fair and reasonable and that you aren’t being singled out. You are not obliged to accept a change but there is a risk that if your employer is struggling to pay wages they could decide to make you redundant.

Any benefit entitlement depends on a number of factors such as your expected income if you accept a reduction in hours (and therefore pay) and any other household income; benefits such as Universal Credit take income of partners into account as well as any pension income and some other benefits. It is therefore important that you get a full benefit check which we can help you with at Citizens Advice North East Derbyshire. We can also tell you how to make any appropriate claims and guide you through the process.

Once you know what your income is likely to be after a reduction in wages you will have a better idea of whether you could accept a change to your work hours. If you’re in a union speak to your rep, they’ll also be able to help you to negotiate with your employer and ensure that any changes are carried out correctly.

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