How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask taratill Your Own Question

taratill
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6307
Experience:  15 years experience of advising on employment law matters
32019188
Type Your Employment Law Question Here...
taratill is online now

Default retirement age 2011. I am 73 and have worked as a part

Resolved Question:

Default retirement age 2011. I am 73 and have worked as a part time lecturer continuously for over 15 years and was classified as a permanent part time employee. In 2011 my University employer asked me to resign under the new DRA regulations. I appealed and we reached a compromise where I agreed to resign from 31 July 2011 but I would receive further reduced employment after an interval of 8 weeks. I signed a resignation form on 21 July. In the event my work could not be replaced and I was re-employed on exactly the same basis as before with no reduction. As a part time lecturer the appointment and schedule of work is confirmed each year in September (16th); the letter, schedule and hours were identical for 2011-12 as for 2010-11. In August 2011 I marked resit exam papers as usual and there were no changes in my employment and this has continued up to now. The university is now offering redundancy. The redundancy pay offer is based on three years, back September 2011, whereas I am arguing it should be back based on 15 years. I believe that by re-employing me on the identical conditions in September 2011 ie for more than six months, the DRA regulations were broken and therefore my continuing employment is 15 years. *****@******.***
Submitted: 2 years ago.
Category: Employment Law
Expert:  taratill replied 2 years ago.
taratill :

Hello my name is ***** ***** I am happy to help you today. Was there a break in your employment before you started the in September 2011?

Customer:

The compromise plan was that I would do nothing for 8 weeks from 31 July 2011. However this is a quiet period and normally the only work is to mark resit exam papers in mid August. I was asked to do this in the normal manner and did so. So in fact I worked the 8 week "break" as normal. I have email evidence to support this. Therefore while the original intention was for a break, in practice, I believe the answer is No. Therefore before and after the "agreement" my work remained unchanged.

taratill :

Did you receive a payout and sign a compromise agreement at the time though?

Customer:

No. Under the DRA the employer was allowed to make employees aged 65 or over redundant without redundancy pay. I received nothing at all no redundancy or notice pay. I recall that this was only allowed if the same work was offered for a further six months or less. My work has continued for much longer than six months.

taratill :

hi no problem I was just checking what you meant by the word 'agreement' earlier. On the basis of what you say your continuous employment should be based on your entire employment. If you can evidence that there was no break in service and the 2 roles are the same then you will be able to demonstrate in a tribunal that continuous employment should be based on the entire employment.

taratill :

I would suggest that in the first instance you raise a grievance to the employer to state that you are entitled to 15 years redudnancy pay and if you are not paid it you will bring a claim in the employment tribunal to recover the amount you are entitled to .

taratill :

Hopefully you will not need to claim but if you do you will find the form at www.employmenttribunals.gov.uk

taratill :

If you have any further questions please do ask. If I have answered your question I would be grateful if you would take the time to rate my answer. Thank you and all the best.

taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6307
Experience: 15 years experience of advising on employment law matters
taratill and 2 other Employment Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Ben Jones

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11030
    Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
< Previous | Next >
  • http://ww2.justanswer.co.uk/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11030
    Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.co.uk/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    41
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.co.uk/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Laywer

    Satisfied Customers:

    49
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.co.uk/uploads/taratill/2010-03-09_111600_phpsik04M_c2AM.jpg taratill's Avatar

    taratill

    Solicitor

    Satisfied Customers:

    672
    15 years experience of advising on employment law matters
  • http://ww2.justanswer.co.uk/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg chatham-chamber's Avatar

    chatham-chamber

    Solicitor

    Satisfied Customers:

    24
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.co.uk/uploads/LI/li/2014-12-19_134845_lexughes.64x64.jpg Alice H's Avatar

    Alice H

    Solicitor Advocate

    Satisfied Customers:

    99
    Partner in national law firm with 20+ years legal experience
  • /img/opt/shirt.png tdlawyer's Avatar

    tdlawyer

    Laywer

    Satisfied Customers:

    53
    Lawyer with 9 years experience in employment related issues.
 
 
 

Related Employment Law Questions