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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46158
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Good morning Ben, You have recently helped me in regards to

Resolved Question:

good morning Ben,
You have recently helped me in regards ***** ***** during maternity leave. The company has yesterday proposed to offer voluntary redundancy with enhanced package of up to one extra month pay on top of the statutory redundancy pay. We have been given one week to decide if take it or leave it. Please can you advise
1. Are these deadlines set by law as 1 week doesn't seem enough given the fact that there are a lot of questions unanswered about suitable roles and jobs descriptions. The feeling is that we are being rushed.
2. Legally if we agree to take voluntary redundancy do we still get paid notice + redundancy package with enhanced payment
3. In my case as if I go for voluntary redundancy as I am on maternity legally will I be getting Notice pay + voluntary redundancy enhanced package + SMP? I am eligible for SMP and have been with employer for 11 years 10months.
Thank you
Kind regards
daria
Submitted: 1 year ago.
Category: Employment Law
Expert:  Remus2004 replied 1 year ago.
I think Ben is off right not but I will send him a message about this for you.
Expert:  Ben Jones replied 1 year ago.
Hello, sorry I was in tribunal today. To answer your questions: 1. Are these deadlines set by law as 1 week doesn't seem enough given the fact that there are a lot of questions unanswered about suitable roles and jobs descriptions. The feeling is that we are being rushed. Yes they are legal. There is no minimum period of time require by law in these circumstances. If the employer wanted to offer enhanced redundancy they can set their own deadlines for acceptance. If they wanted to they could ask you for an answer on the day and withdraw the offer if no selection was made. 2. Legally if we agree to take voluntary redundancy do we still get paid notice + redundancy package with enhanced payment Yes, you do. Your rights remain unaffected in that respect. This is still a redundancy and you will still get your notice period, any accrued holidays and the enhanced redundancy payment amount. 3. In my case as if I go for voluntary redundancy as I am on maternity legally will I be getting Notice pay + voluntary redundancy enhanced package + SMP? I am eligible for SMP and have been with employer for 11 years 10months. Even if you are made redundant your employer should continue paying you SMP. You will only get the statutory amount, not any contractual uplift, but you do not have to be employed by them to continue getting SMP. The criteria for eligibility is determined when you start getting SMP, after that the employer has to continue paying you even if you stop working for them. I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. 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
Expert:  Ben Jones replied 1 year ago.
Hello, I see you have read my response to your query. If this has answered your question please take a second to leave a positive rating by selecting 3, 4 or 5 stars from the top of the page. I spend a lot of time and effort answering individual queries and I am not credited for my time until you leave your rating. If you still need further help please get back to me on here and I will assist as best as I can. Many thanks.
Expert:  Ben Jones replied 1 year ago.
Hello, do you need any further assistance or are you happy with the above response? Look forward to hearing from you.
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46158
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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