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taratill
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6390
Experience:  15 years experience of advising on employment law matters
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I am being made redundant in a department reorganization. I

Resolved Question:

I am being made redundant in a department reorganization.

I am being offered VSS as part of this (don’t really have much choice in this because otherwise it will be compulsory redundancy at a much reduce package)

The company has a final salary pension’s scheme, do they have to make payments or compensation for loss of this? As it will be most unlikely I will ever be able to find a similar pension scheme.

I am being offered the same VSS as people who are not part of the scheme

I have worked for the same company for 15 years and am presently 45. I have been part of the scheme from the day I started.

Thanks

Matt
Submitted: 3 years ago.
Category: Employment Law
Expert:  taratill replied 3 years ago.

taratill :

Hello my name is XXXXX XXXXX I am happy to help you today. Is this a genuine redundancy situation?

Customer:

yep

Customer:

12-24 members of staff being

taratill :

Ok thanks, XXXXX XXXXX of your package you should be paid a sum in lieu of your notice period which should be 12 weeks. That sum should include payments into your pension. Unfortunately, beyond that, you are not legally entitled to compensation for lost pension rights in a redundancy situation as you are only normally entitled to a statutory redundancy payment and to notice. The reason I asked if there was a fair redundancy situation is that if you were being unfairly dismissed then you may be able to claim compensation for lost pension rights (but that does not appear to apply here).

taratill :

There is nothing, however, to prevent you from trying to negotiate a sum for lost pensions rights. Your employer may agree.

taratill :

If you have any further questions please do ask.

Customer:

thanks

taratill :

No problem, I am sorry it was not the answer you wanted. If you have any further questions please ask. If I have answered your question then I would be grateful if you would take the time to rate my answer as it is an important part of the process. Many thanks and all the best for the future.

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