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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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When I was promoted some years ago (2007) the HR rep in error

Customer Question

When I was promoted some years ago (2007) the HR rep in error gave me a continuous employment date of 1996 on my statement of main terms and conditions and duly signed it.
I had actually left the same company in 1996 when I resigned, and as it was the same company I was then promoted in she.
I am now being made redundant and I want to know legally do the company have to honour the signed agreement? Is it a legal document? It will make a difference of about 2 years extra service pay to me, giving me the max.
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.
Hello, my name is ***** ***** it is my pleasure to assist you with your question today. I am afraid your continuous employment is determined by law, not by what you and the employer have agreed. There are specific rules that govern continuity of employment and they are broken by specific events laid down in law, such as redundancy, termination of employment for more than a week, etc. So if in fact your employment had terminated at the time and it satisfied the legal conditions of a termination of employment, then regardless of what agreement you had with the employer you cannot claim continuous employment.
I hope this has answered your query. Please take a second to leave a positive rating, or if you need me to clarify anything before you go - please get back to me and I will assist further as best as I can. Thank you
Ben Jones and other Employment Law Specialists are ready to help you
Customer: replied 2 years ago.
I have worked a role for the last 8 years that involves working outside of office hours, evenings and weekends (on call) which is paid over and above my salary. You can not opt out of it but nor is It part of your terms and conditions. It was stated as part of the job description.
Some years ago all employees had a £5 lunch allowance which was withdrawn and we was all brought out of it (Buying out the daily lunch allowance discretionary benefit for a one off lump sum)
Today I have been given 90 days notice of termination (redundancy). There has been no mention of any kind of settlement for on call payments. The on call payments are currently worth 18k a year to be on top of my salary and I wanted to know if my employer is obligated to make any sort of payment in respect of on call and redundancy.
Expert:  Ben Jones replied 2 years ago.
As this is a follow up question not related to the original one I would be grateful if you could please rate the answer to the original question and then I can help with this one.
Also can you please clarify what your salary without the on call payments is?
Customer: replied 2 years ago.

Hi Ben

My base salary is currently 30,700.

Regards,

Simon

Expert:  Ben Jones replied 2 years ago.
Thank you, ***** ***** you entitled to an enhanced company redundancy payment or just the statutory minimum amount?
Customer: replied 2 years ago.

Enhanced company redundancy payment

Expert:  Ben Jones replied 2 years ago.
And what does that entitle you to specifically please?
Customer: replied 2 years ago.
Is it ok for me to find out the specifics and come back to you next week when I'm back at work please ?
Expert:  Ben Jones replied 2 years ago.
yes of course take your time
Customer: replied 2 years ago.

Hi Ben

The enhances terms are 1.5 months pay for every year of service so 13 years in my case, plus any left over holiday and pro rated bonus.

Expert:  Ben Jones replied 2 years ago.
Thank you for your response, which I will now review. I will get back to you as soon as possible. Please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you
Expert:  Ben Jones replied 2 years ago.
Hello again, your rights will depend on what is included in the definition of a ‘week’s pay’ as that is what your redundancy terms will be based on. The issue you will face is that the law only really deals with work remunerated as overtime.
They can be summarised as follows:
• Guaranteed, compulsory overtime, where even if the employee is not called on to work it, the employer is liable to pay them for it. Overtime of this type is included in the definition of normal working hours.
• Voluntary overtime, where an employee cannot be required to work it, and the employer does not have to provide it. This type of overtime is excluded from normal working hours.
• Non-guaranteed overtime, where the employee is obliged to work overtime if required, but the employer is not obliged to provide overtime or pay in lieu. This is also excluded from normal working hours.
SO apart from your normal working hours you will have to determine whether these on call payments fall within any of the above definitions, If they do then they would be dealt with as explained under each heading. That is what you can potentially use to try and claim that the additional pay is included in the redundancy calculation.