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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47363
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I received a signed confirmation of redundancy letter from

Customer Question

I received a signed confirmation of redundancy letter from my employer which has given an incorrect sum of money on it (they have stated I will be paid double what I am entitled to under their redundancy policy). I have pointed out their error and they have said they will get the letter reissued. However is this first letter legally binding and do I have grounds to argue that they should honour the amount stated in my letter?
Submitted: 9 months ago.
Category: Employment Law
Customer: replied 9 months ago.
I'm asking because some family members feel that I shouldn't have pointed out their mistake and just taken the money. I didn't feel this was right but the company have not behaved in the best way during this process so I don't feel I owe them anything. My letter is signed by the regional director. They state that I will be paid approximately .... (figure given). Then the next paragraph states that the above amount of money will be paid into your bank account along with your normal salary and any holiday pay on .....(date given). I would really appreciate knowing where I stand without it costing a fortune as things are going to be tight enough already. Thanks
Expert:  Ben Jones replied 9 months ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Expert:  Ben Jones replied 9 months ago.

Was this voluntary or compulsory redundancy?

Customer: replied 9 months ago.
We had the option to relocate to another office as our office is closing down. It is too far away so I declined. I think it's counted as compulsory but not completely sure
Expert:  Ben Jones replied 9 months ago.

Thank you, ***** ***** would be compulsory. Whilst they employer may have issued a formal letter with a specific figure, mistakes do happen and the law does allow parties to correct these. A contract entered into in error can be legally unenforceable so just because something has been communicated or confirmed by one party does not automatically mean the other can enforce it. You did come forward and identify the other and as soon as they realised that they have corrected the error and clarified what you are actually owed. They can now pay you that amount and you can only challenge them by taking them to court and assuming they can show that this was a genuine error, which it was, they are likely to be able to defend any claim in relation to that. So whilst you may believe that you are entitled to more due to the way this was handled, that is not what determined the redundancy amount so as difficult as it may be you may have to accept that this was an error and allow them to pay you the actual and corrected amount. It does not stop you from negotiating but legally it would be difficult to force them to pay.

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