How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ben Jones Your Own Question
Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 49045
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
29905560
Type Your Employment Law Question Here...
Ben Jones is online now

I have been made redundant, and offered THE SETTLEMENT

This answer was rated:

Hi ,
My name is***** have been made redundant, and offered THE SETTLEMENT AGREEMENT,
I had 3 meetings, as the company ask me to work flexible, i decline. They also want to change the salary and role
We have been took over by different company on august and now decide to make us redundant. Initially I have been offered to stay but because I could not be flexible they give redundancy and settlement agreement. I book an appointment with the solicitor they brought for us , but I need a second opinion.They said they close the desk , but they do not close anything, they even recruit online.
I am more than happy to take the redundancy but the compensation for termination it seems low £1500.00 . I have been working with them since 2010 and salary includes commission per £22400. I am working 4 days fix days.( 35 hours per week).
On the settlement agreement said termination date 13th dec. In my last meeting with lawyer which they brought for us I told her I received an e-mail to tell me to stay till 28 Jan.I ask my lawyer why I need to stay till January and she said it is the employer who decides the date.On the settlement offer they pay 7 weeks payment on lieu, statutory redundancy and compensation. I asked the lawyer for compensation to be more and said is quite fair £1500.00.Every step the done with redundancy ( company) for me it seems wrong. Please give me the advise that I need. Can the company ask me to stay till 28 Jan ? even on the settlement said 13th dec, just by sending an e-mail?
They do not close any desk, they just reduce one position, changing the roll and require flexibility,recruiting online. I do not want to stay despite at the beginning they offer to stay because of my performance.
What is my change to get more compensation?

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

So have you questioned this directly with your employer?

Customer: replied 1 month ago.
You mean Why I need to stay till 28th Jan?I get advised by lawyer which they book me.
Customer: replied 1 month ago.
ok
Customer: replied 1 month ago.
Please let me know until what date I need to stay with them? On the settlement agreement said 13 Dec, but they send an e-mail to stay till 28th. My lawyer said will ask them to leave early? What the law said to stay until when?
I am still wait for them to amend some details in the settlement agreement. Can i change the lawyer ( was initially provide by them), I am not so sure I get the wright advise. The lawyer seem understood the situation and the redundancy is unclear, probably unfair, but because I want to go said £1500.00 is fair. Is that OK?I still wait for their reply regarding the date and to amend the agreement as the holiday pay was wrong. The layer ask me to sign in advance the agreement last page and once they amend that she will ask me to agree and submit to them. Is that usually?She said if I change the mind wont use that page.Base on my situation do you think £1500.00 is fair?

OK, thank you for your response. Leave it with me for now and I will review the relevant information and laws and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Also, please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you.

Ben Jones and other Employment Law Specialists are ready to help you

Hi I will actually be able to speak to you this afternoon, it would be best to discuss it that way - when are you available?

Hi there, as I have not heard from you regarding the phone call and I am no longer making calls from now on this evening, I will reply here in writing instead.

First of all for redundancy to occur the job does not have to disappear - the employer only has to show that there was a reduced requirement for employees to do a particular role. SO the job could still remain but it is just that the employer does not need as many people doing it, so they are reducing the number of employees that do it.

In terms of redundancy payment, that depends on your continuous length of service, your age and your pay. You can calculate your entitlement here:

https://www.gov.uk/calculate-your-redundancy-pay

If you find that you are entitled to more than what they have offered then obviously you should not consider accepting that as legally they have to pay you the calculated amount.

The employer can ask you to stay for as long as necessary, up to the length of your contractual notice period. However, this should be reflected accurately in the settlement agreement. So if they wanted you to stay until 28th, which they can do, they should change the agreement to say that as well.

Customer: replied 1 month ago.
thanks, ***** ***** not call me. I am fine know.Thanks

no problem, I will ask for a refund on the call part