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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 44338
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I was wondering if you can help. Ive been informed that my

Customer Question

Hi, I was wondering if you can help.
Ive been informed that my job is redundant as my role is being transferred to Poland. They wish for me to stay until January 2017 to help with the transition. If I stay, they will offer me an enhanced redundancy package which includes my weekly salary x 1.25 plus my notice period of 12 weeks. Do you think this is a fair package. In usual redundancies (I work in HR), this is what would be offered to anyone and to leave within 4-6 weeks. There does not seem to be no incentive to stay as I'm entitled to my 12 weeks notice period. Also someone who can leave next month is being offered the same package, how is this fair?
I have to work three times longer and help with the transition and look for a new job.
If I choose not to help with transition, I still need to work until January and will just receive statutory redundancy. If I choose to leave, I have to resign and still work 12 weeks notice period and receive nothing. Please can I have you thoughts. There are about 50 of us being made redundant and we are currently going through the consultation process. It's taken 5 weeks so far from telling me and I still have not got my actual figures confirmed. Please advise.
Submitted: 3 months ago.
Category: Employment Law
Expert:  Ben Jones replied 3 months ago.

Hello how long have you worked there for?

Customer: replied 3 months ago.
24 years
Expert:  Ben Jones replied 3 months ago.

Many thanks for your patience. When someone is made redundant they would be entitled to either the statutory redundancy payment or an enhanced one. The enhanced payment is only a guarantee if the employee’s contract entitles them to it. So if there is no specific mention of an entitlement to an enhanced payment, your employer would only legally be obliged to pay you the statutory amount. In the absence of such a contractual entitlement the employer is able to offer you whatever they want as long as it is at least equivalent to the statutory amount you are due. The offer they are making you may be the same as what others are getting for leaving now but that is at the employer’s discretion – if you do not think it is a good enough offer then you simply do not have to accept it. You can of course negotiate with them but in the end as long as they are paying you at least the statutory and anything else in your contract, they would be acting legally and the rest is down to you and them to agree on.

Also, until they have given you formal notice of redundancy you simply have to continue working in your current post so they could delay that and issue it in time for you to finish in January. If you wanted to leave early then you will indeed have to resign and give up your right to a redundancy payment. So what they have told you is correct.

In summary as long as you are not entitled to an enhanced redundancy payment under contract, they can do as they have done so far and try to offer you the enhanced part as an incentive to help with the transition. However, if this was a contractual entitlement you should be paid that regardless of whether you help out or not.

Finally, the fact that you were told you may get the statutory and redundancy payments will unlikely have any binding effect as it is clearly an error – no employer will pay both together so you cannot rely on an error like this one for personal gain. As long as they corrected themselves it would be acceptable.

Your other rights her are that once you are issued with notice of redundancy you are able to ask to leave earlier and before the end of the notice period and still receive redundancy pay, for example if you have found a new job.

This is your basic legal position. I have more detailed advice for you in terms of these additional rights and how to apply them, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you

Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 44338
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and 2 other Employment Law Specialists are ready to help you
Customer: replied 3 months ago.
Thanks for your response, I wait to hear from you.
How would you suggest I negotiate more money as a bigger incentive to stay?
Also can I ask that they provide details of what is expected in the transition I.e. how much involvement is required?
Can I ask for a contribution towards re-training (as I am aware another person is being sponsored to do CIPD who is at a different level to me and yet when I enquired 2 years ago nothing materialised)
What other factors could I try to suggest to make the package more attractive?
If they offered me something different, would they have to offer the same for others or can it be at their discretion?
Thanks for your help.
Expert:  Ben Jones replied 3 months ago.

Thank you. The is nothing specific which will guarantee an increase in the enhanced pay they have offered. This would be entirely at their discretion but you may point to others who have received more for example or remind them that you would be doing additional work. If you wanted to ask for training then of course you may do so but again it is at their discretion.

You may indeed ask them now what the expected tasks of the transition role would be to allow you to make a decision on whether you would be interested in it.

If they were to offer you an incentive they do not have to offer it to everyone else, it can be done individually.

Going back to the other rights I mentioned before, an employee who has been issued with formal notice of redundancy may want to leave before their notice period expires, for example, because they have found a new job. In this case, the employee can give a written 'counter-notice' to their employer to terminate their employment on an earlier date. This is a right given under section 136(3) of the Employment Rights Act 1996.

For the counter-notice to be legally valid it must be submitted within a specific time period:
• If there is no contract of employment and, in turn, no contractual notice period, the request must be submitted within the employee's statutory notice period (1 week for every full year of service) - for example if an employee with 4 years' service is made redundant and the employer issues them with their 4 week notice period, the request must be made within these 4 weeks
• If there is a contractual notice period which has been issued by the employer - within that notice period;

If the employee serves their counter-notice correctly and the employer either accepts it or does nothing, the employee's employment will terminate on the date specified in the counter-notice. The employee's entitlement to their statutory redundancy payment will not be affected.

However, if the employer refuses the employee's counter-notice, the employee can apply to an employment tribunal for an "appropriate payment" (that being the whole of the redundancy payment the employee would have been entitled to, or part of it). In deciding whether to award such a payment, the tribunal will consider whether it was reasonable to do so in the circumstances, given both the reasons the employee had for wishing to leave early and the reasons the employer had for requiring them to remain in employment until the expiry of their notice period. For example, if the reason for the counter notice was to start a new job and mitigate the effects of redundancy and the current employer did not urgently require the employee to remain and work their notice period, it is a situation that will work in the employee's favour.

Customer: replied 3 months ago.
Thank you. Can I just check that I can ask more questions at no extra cost for another 6 days?
Expert:  Ben Jones replied 3 months ago.

Hi there I do not know what the terms of the subscription you have are as I do not have access to your accounts. Please contact customer services to check that thanks

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