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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47907
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I am being made redundant along with one other employee. We

Resolved Question:

I am being made redundant along with one other employee. We have been employed for just over 12 months so legally they don't have to pay us redundancy. However they have offered us both the same amount severance pay and it is a good offer My question is, should they make an enhancement to me as I am 52 and my colleague is only 34. If not would this be age discrimination?
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. What is the reason for the different offer?
Customer: We didn't get a different offer - we have been offered the
Customer: we have been offered the same amount. I started my employment on 8th April 2013, my colleague on 29th April 2013.
Customer: We haven't had a breakdown of payment yet but have both been told the same figure
Ben Jones :


Ok thank you leave it with me I need to look up a few things and then get my advice ready.I will post back on here when done there is no need to wait and you will receive an email when I have responded.

Ben Jones :

Apologies for the slight delay, I experienced some temporary connection issues earlier on. All seems to be resolved now so I can continue with my advice.


 


There is certainly no age discrimination if you are not offered an enhanced offer. You should be treated the same and it is actually the opposite that would apply – if you are offered an enhanced offer just because of your age, then that would be age discrimination and the younger employee can raise that argument with the employer and rightly so. When the employer is making you an offer, they should treat everyone equally and they should not be differentiating between different ages and offer more for older employees and less for younger ones – it is exactly such behaviour that would amount to discrimination and should be avoided.

Ben Jones :

Has this clarified your position?

Customer: No it hasn't. As statutory redundancy payments privide
Customer: for additional payments for employees over 40 , surely
Ben Jones :

But you are not entitled to a redundancy payment because you do not have 2 years’ service with the company so you cannot compare these payments with your entitlement to a redundancy payment because that simply does not apply here. This is not a redundancy payment and it has nothing to do with the law of statutory redundancy payments. Therefore you cannot expect the employer to use the same calculation as a statutory redundancy payment and if they treat someone better because of their age when they are not calculating a statutory redundancy payment they will be acting in a discriminatory manner.


 


I'm sorry if this is not necessarily the answer you wanted to hear but I hope you understand I have a duty to be honest and explain the law as it actually stands and sometimes this does unfortunately mean delivering bad news. Please let me know if you need me to clarify anything.

Ben Jones :

Hello, please let me know if you need me to clarify anything further for you in relation to this?

Customer: No thank you
Ben Jones :

ok thanks all the best

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