ISM MUSIC JOURNAL SEPTEMBER/OCTOBER 2020 | LEGAL & BUSINESS
Once the consultation stage is completed, the employer will decide whether the redundancy should proceed. If you are dismissed, you will usually have the right to appeal against that decision – and if the decision is confirmed, you should receive certain payments. The amount of the payment will depend on your length of continuous service, the terms and conditions of your employment contract, your weekly pay and your age.
d. and holiday pay: this is an aspect that is often overlooked, but on termination of your employment, you will be entitled to receive an amount corresponding to your accrued but untaken holiday. If you are unsure if and how many days of holiday you are entitled to, ask your employer to make the calculation
If the consultation and selection procedure have been carried out fairly and reasonably by your In brief: employer – and if you are paid the correct amount a. you will normally be entitled to receive a redundancy due –then unfortunately your employer may lawfully terminate your employment contract for redundancy payment if you have been working for your reasons. But if the redundancy is not genuine, for employer for more than two years. There is a example if you feel that your employer did not formula to calculate the amount of this payment, provide enough explanation for your dismissal, or the which is based on your age, length of service and consultation was not carried out, or was not carried out weekly pay. These payments are subject to a cap, currently £538 per week, and a maximum statutory properly or fairly, then you may have a claim for unfair dismissal, and may seek compensation. payment (currently £16,140) If you are an ISM member and have any doubt b. if there is a collective agreement in place about the fairness of your dismissal or are at risk of governing your work (but it must have been redundancy, please contact the ISM legal department. incorporated in your contract), or your employer Our trained staff will assist you to protect your rights. has a redundancy policy providing for enhanced payments, you may be entitled to an enhanced redundancy payment. It is always worth checking with your employer
Find out more about how the ISM can help you at ism.org or write to our legal department at legal@ism.org
c. before your employment ends, you should be given a notice period. The length of the notice will be set out in your employment contract, and you should check it carefully. Your employer may ask you to work out your notice period, or decide to offer you a payment in lieu of the notice, in which case it will be based on your monthly or weekly pay, depending on the type of notice
ISM Public Liability Insurance for members
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We have renewed our members' combined liability insurance from 1 August 2020. You can now download your new insurance certificate and other policy documents.
In response to the increased financial difficulties faced by those at the start of their careers, any musician with fewer than 10 years’ professional experience can now join the ISM for just £50 a year.
We have also published some new information about the implications of COVID-19 on the policies, following discussions with our insurance broker. The policy does not contain any new restrictions or exclusions arising from the pandemic. Visit the members’ area of our website to download your policy documents.
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