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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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My employer has said my role mat become redundant, I changed

Resolved Question:

My employer has said my role mat become redundant, I changed roles approximately half way through my 8 years of service and he is now only offering to pay £2645 redundancy pay instead of the £4562 THE .GOV website, and others, are advising I am due.
Please tell me if it is correct, I have worked continuously for this employer for 8 years at the end of the notice period.
Thanks
Paul Wheeler
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. What is your weekly wage and why do they think you are due less?
Customer: replied 1 year ago.

Hi Ben

My weekly salary is £554.31.

I have asked why he thinks I am due less but have had no answer.

I was given a letter of intent, which I can try and scan to you if needed, ten minutes before I left yesterday which is asking me to volunteer for redundancy before end of business Monday without full facts.

Have copied below this line the emails so far. Regards, Paul

David

If you cannot give me answers to the questions I have asked today you will have to extend the deadline for me offering to take voluntary redundancy, because you are making the Production Planning role redundant (as you informed me at 4:50pm, Friday 25th September 2015), by 48 hours so that I may fully discuss my options with my family. Not having the full details and reasoning is preventing me from doing this in a fully informed capacity. If I do not hear from you with acceptable answers before 1pm today I will assume you agree to this extension.

I am aware of the position you advertised in the Sheet Metal department and would remind you that I am a skilled worker in that role and that I applied while it was “live”. I am also a very experienced Punch Programmer for which it has been fully demonstrated over the last 7 years is an understaffed role when it comes to normal workload and absence/holiday cover.

Regards

Paul

From: ***** ***** [mailto***@******.***]
Sent: 26 September 2015 07:58
To: Paul Wheeler
Subject: RE: voluntary redundancy

Hi Paul,

We will wait until 12 Monday to discuss further. These are all questions to be dealt with at the next consultation meeting. In the meantime if you have any further thoughts please feel free to e mail them over.

Regards

David

From: Paul Wheeler [mailto***@******.***]
Sent: 26 September 2015 07:39
To: ***** *****
Subject: RE: voluntary redundancy

Thanks David,

According to the. Gov site I am entitled to £4512.50 because I have worked for you for 8 years when my notice period ends. I would have expected an offer above the statutory entitlement if i were to take voluntary redundancy, especially after all of the hard work I have done for you in trying to make perry's a better and more efficient company. Please review those figures.

Please detail the reasoning behind your thinking that the position of production planner is now redundant so that I can understand this decision. I am struggling to comprehend how perry's would function without planning work!

What are the other positions you have considered for redundancy? You recently took on an admin worker to help out with manufacturing office admin, has this role been considered redundant?

I have recently given an application form to mark for a sheet metal position, I am willing to consider this move. I have a unique skill set within the company that I believe is incredibly valuable to perry's.

Regards

Paul Wheeler

Sent from my Xperia Z1 on O2

---- ***** ***** wrote ----

Morning Paul,

The redundancy payment would be £2465.00 in addition to notice payments etc.

Let me know what your thoughts are.

Regards

Expert:  Ben Jones replied 1 year ago.
Hello Paul, sorry my connection dropped earlier - how old are you please?
Customer: replied 1 year ago.

I am 44, dob 20/01/71

Expert:  Ben Jones replied 1 year ago.
You are almost correct that the redundancy figure your employer must pay you is £4512.50 (not £4562). This is a statutory formula and the employer cannot change that – it is determined by law, not by what the employer decides. So if you are being made redundant, whether voluntarily or compulsorily, the minimum they must pay you is this amount, together with your notice period and any outstanding holidays. They may decide to pay you more but that is left at their discretion so you cannot force them to. I don’t know why they are quoting you a lower figure but I suggest you do not accept that and try to clarify with them how they have arrived at that calculation, reminding them that the law entitles you to a specific redundancy payment and they cannot pay you less. If they do not want to pay you what you are due then you do not have to volunteer for redundancy, however if they eventually make you redundant anyway they would still be required to pay that amou8nt and if they do not then you have the right to take this to an employment tribunal to pursue what you are legally due. I trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or if you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
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