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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47914
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I have been working as a GM turkey company last

Customer Question

I have been working as a GM for a turkey company for the last 7 years. The first 3 months of the year are always quiet and other staff do shorter / less hours. I have been starting work later. On 12th March in an unscheduled meeting my boss asked me to consider my position in the company. He said I was not respected. He also told me that he was going to outsource the sales element of my job. This both alarmed and upset me as I have grown and developed the companys turnover and profit consistently over the last 7 years. After the weekend considering my position we had a another meeting on 16th March. I told him that if he was making me redundant the minimum payment for that term would be approx. £7,000 not taking into account any holiday accrued or pay in lieu.
what do you think I am entitled to? I earn 35k per year?
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. How old are you?
JACUSTOMER-cb3ew2js- :

45

Ben Jones :

Thank you. First if all you should consider whether there is a genuine redundancy or not. If the employer is removing your position or just reducing the number of people that perform your specific job then it could be a redundancy, in which case they would need to pay you the following amounts:



  • Contractual notice period, which cannot be less than a week’s pay for every full year of service, up to a maximum of 12 weeks’ pay

  • Outstanding holidays for the current holiday year

  • Statutory redundancy pay, which in your case is £4,176 (unless your contract entitles you to more than that)


So add all of these together to get the minimum figure by law, which you would expect to get. You may of course try and negotiate something higher, for example if you believe that there would be no genuine redundancy and the employer is just looking at a way of removing you from the business. However, that would be down to negotiations between you and the employer.

Another consideration is that if your job is being outsourced and another business is taking over its performance, you may have right to transfer to that new employer under a law known as TUPE. It means that your employment will continue with the new employer and they have to take you on with your existing terms and conditions and continue employing you. If that is the case you will not be made redundant and cannot expect any payment from the employer – your job will simply continue with that new employer. You may refuse to transfer but if you do you would be resigning and will not get any compensation on top. So in the circumstances, if the employer is thinking about redundancy, you would use the sums mentioned above to use as a starting point in trying to negotiate something.

I hope this clarifies your position? If you could please quickly let me know that would be great, as it is important for us to keep track of customer satisfaction. Thank you

JACUSTOMER-cb3ew2js- :

Can you explain how you came to the figure of 4176?

JACUSTOMER-cb3ew2js- :

The company relocated in june2013 to a new factory at my bosses farm 20 miles away from Burton. Other members of staff were given travel allowance and my boss bought a company vehicle to bring staff the 20 mile distance to and 20 miles from work. I was not even considered. Since the move I have had to travel in, in my own vehicle for the past 20 months @ £40-£50/week petrol cost. not even taking into account any mileage allowance. I bought my own car, more reliable for the journey, at a cost of £7500 with a bank loan, Over the last 7 years I have singlehandedly maintained a turnover of £1.25 - £1.6million per year, collected at debts, done all his banking and overhauled his archaic credit control. I also helped in the smooth transition from one site to another, taking on and listening to staff (16-20 in number) worries and issues about the move. I had to go for some of my own private counselling sessions as it got too much during the move. £60/hour x 6 sessions. I think I have a discrimination case and also constructive dismissal. I am trying to get as much info on my position & rights as possible.

JACUSTOMER-cb3ew2js- :

Also all members of the factory staff received pay increases - salaried & hourly paid staff.

Ben Jones :

Statutory redundancy payments are calculated using a set formula, you can calculate ors here:

https://www.gov.uk/calculate-your-redundancy-pay

The fact that you were not considered for a travel allowance, a pay rise or for the staff transport will not amount to discrimination because you can only be discriminated if it is due to a protected characteristic, such as gender, age, race, religion, or a disability - if these are not the reasons for being treated differently then there is no discrimination. As to constructive dismissal you should have resigned in response to the alleged breaches by the employer - the move was nearly 2 years ago, you did not resign in response to the move, the failure to give you travel allowance or to give you a pay rise (even though legally the employer is not obliged to give you one anyway) so you have accepted the position - the time you have left it to consider constructive dismissal is too long, your rights have been significantly weakened because you have not acted immediately so a claim for constructive dismissal will be very weak at this stage.

Ben Jones :

Does this explains things a bit more?

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

yes thanks for your advise. mylegal adviser todayhas advised a much better pckage.

Expert:  Ben Jones replied 2 years ago.
thanks for the update, hope the employer considers it seriously