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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47887
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Company offered mutually agreed resignation scheme (MAR) but

Resolved Question:

Company offered mutually agreed resignation scheme (MAR) but excluded my division as we were to be sold off ( although no agreements had been signed) - we have since been acquired and TUPED over and now 16 weeks later are to be made redundant with only statutory redundancy - The MAR was significantly more favourable and want to understand if this was fair
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. Was MAR a contractually enforceable benefit?

JACUSTOMER-o83mpwxk- :

no but could you argue implied

Ben Jones :

Hi, you could only argue implied entitlement to this scheme if it was something that was consistently applied over time, communicated to employees and treated as being a universal contractual term to all employees. If this was just a one off gesture by the company for this particular scenario then it is highly unlikely you can argue it was an implied term and you can only do this if it was something that has been consistently applied for years in the past.


 


Assuming this was not an implied term and not a contractually binding entitlement then the employer has not acted unlawfully by offering the enhanced redundancy terms to one part of the company and leaving the other out. It is probably immoral but that is entirely different to being illegal.

Ben Jones :

Hello, I see you have accessed and read my answer to your query. 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? I just need to know whether to close the question or not? Thanks

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