Employment Lawyers Can Answer Your Employment Law Questions
Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.
Was this voluntary or compulsory redundancy?
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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