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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46225
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I am retired now, but I worked for the same small company for

Resolved Question:

I am retired now, but I worked for the same small company for 14 years and was asked a few months prior to this what my 'intentions' were regarding retirement. I told them I would like to retire a month early so that salary would see me through, and any holiday entitlement would also be taken as time off as regards XXXXX XXXXX I was asked if I could put this in writing which I did. Work had been quiet in the few months prior to this. @ months later they lost another big contract and decided they would have to offer voluntary redundancies to the other 4 members of staff but my salary would be 'guaranteed' for the next 2 months leading up to me leaving date so I did not qualify for redundancy. I feel as if I have been duped into committing myself thereby saving the company some £10.000 payout. Do you think this was fair or legal?
Submitted: 3 years ago.
Category: Employment Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. When did your employment with the company terminate?

Customer:

14 th February 2014.

Ben Jones :

So did you effectively resign (i.e. voluntarily left)?

Customer:

Yes I did, as I was keen to retire, however I feel If I was not asked to 'commit' I would have been eligible.

Ben Jones :

ok let me get my response ready please

Ben Jones :

This is a slightly tricky issue because you had chosen to retire but at the same time you may have been treated differently due to your age.


 


Of you had decided to retire and terminate your employment, whilst the employer could not have forced you to leave, they could have asked for your intentions so that they could perhaps plan ahead for your departure. You cannot be forced to hand in your resignation or to retire but if you did so voluntarily then it is legal to allow you to leave on that basis.


 


The problem then comes with the redundancies. Even if you were due to leave the company soon, you should not have been treated detrimentally because of your age. Had there not been an age issue, then the employer would have been able to act legally in this respect and select who they were making redundant and if you were simply resigning rather than being retired then they would have generally had no issue with doing what they did.


 


However, the fact that you were leaving because of retirement suggests there was an age-related factor in their decision not to offer you redundancy so this is a potential complaint you could pursue against them. At this stage the only thing you can do now that you have left is to issue a claim for age discrimination in the employment tribunal, which you must do within 3 months of the alleged discriminatory act taking place. Before you do so you may wish to approach the company to see if you can resolve anything directly with them to avoid the need for litigation but if necessary, that is your next option.

Customer:

Many thanks, XXXXX XXXXX reassured me that there is very little I can do and that I inadvertently became part of their financial damage limitation.

Ben Jones :

I can only advise you of your legal position I'm afraid, is there anything else I can clarify for you?

Ben Jones :

Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? Thanks

Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46225
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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