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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47377
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I have been working in my present company for almost 20 years.

Customer Question

I have been working in my present company for almost 20 years. Though I am only working 2 days per week now though I was working 5 days a week about 5 years ago, can I ask for any financial entitlement considering the amount of time I've been there.
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.
Ben Jones : Hello, my name is ***** ***** it is my pleasure to assist you with your question today. What was the reason for reducing your days?
Customer:

I am 75 years old and find it too much for me to stand on my feet 8 hours a day. I work in a gift and printing shop for invitations and stationery. My salary was dropped in 2009, by £8 per day which comes to about which is about £120 per month, because the company was coming into some difficulty financially so I had no alternative but to accept this. I asked for a raise last year and I got shouted at and told I was lucky to have a job. I am now the only employee, and used like a Manageress, though I am not paid like one.

Ben Jones :

Why are you after a financial entitlement, are you now leaving the company or just want something whilst you continue working there?

Customer:

I have decided to retire but also I am going into hospital for a back operation which will take some 6 months to recover, so the specialist tells me. What I wanted to know was because of the amount of time I've been there, am I entitled to any compensation or financial settlement and would it be appropriate to ask the question of my employer.

Ben Jones :

Well you have no right to ask for a financial settlement at this stage simply because you have reduced your hours. If you accepted the changes and have worked them for 5 years now these are your contracted hours, you have accepted this and any reduction in pay as a result so you cannot ask for any compensation to cover the reduction in hours over these last few years. Also if you are retiring then you also do not have the right to request any compensation – a retirement is like resignation, you decide to leave your job and all you have to do is give the employer your contractual notice period and work through it, getting paid your normal pay in the process. You do not get any settlement for retiring. You would only be entitled to some money if you were being made redundant, but this is not the case here – there is no redundancy situation and the employer is not reducing its workforce and making people redundant so again you cannot expect any redundancy payment. There is nothing stopping you from approaching the employer and asking for a settlement out of goodwill, but if they refuse, you have no legal grounds to demand one or force them to pay you.

Customer:

I am grateful for you answer. I realise it is not redundancy, but thought there might be a glimmer of hope that I could ask them. They originally had 2 shops, but made all the staff there redundant when 1 shop was closed, and had to pay them. And the other employee I worked with left for health reasons and I think she may have received some compensation but I am not sure. If there is any other advice you can give me regarding my resignation, I would appreciate it. Thank you so much for all you above advice.

Ben Jones :

The issue is that legally you are not entitled to ask for any compensation for the situation you are currently in. The previous employee may have received something but that would depend on their circumstances, for example if they were being made redundant and got a redundancy payment, or it could simply be that the employer decided to give them something as a goodwill gesture. But such payments are given entirely at the employer's discretion, so that is why you have nothing to lose by raising the question with them and hoping that they recognise your long service with them in some way, but if they refuse that is where the problem arises as you cannot legally force them to pay you anything

Customer:

Thank you again. I think it was a goodwill gesture. I will leave now and want to say how much I appreciate having had this chat with you. It has cleared up some thoughts for me.

Ben Jones and 2 other Employment Law Specialists are ready to help you
Customer: replied 2 years ago.

No more information needed, thanks.

Expert:  Ben Jones replied 2 years ago.
you are welcome

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