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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 44880
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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i work for the city of sunderland but im currently on a career

Customer Question

i work for the city of sunderland but im currently on a career break, the council have offered severance pay to workers who they employ, they gave us a calculation on how much i would get and the length of time i have worked for the council which is over 25 years, the calculation came to around eighteen thousand pounds. I took this offer up as did quite a few of my fellow workers, three of the workers who had high sickness levels were given this with immediate effect whilst the rest of us were put on a pending list to see if there was enough money left as the council were finishing managers and higher scale people first, the three workers did not fit into this category and were on the same scale as myself, i have been told today that the severance pay to the pending workers is no longer available, is this discrimination or is there any thing i can do
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.
Hello, my name is Ben and it is my pleasure to be able to assist with your question today. Please let me know if the agreement was made conditional on anything to start with?
Customer: replied 3 years ago.

no everyone was given the option to apply

Expert:  Ben Jones replied 3 years ago.
but when you applied and were accepted, were you told that this was to be conditional on anything, or was it a guaranteed deal?
Customer: replied 3 years ago.

they told everyone that they would look at each case and i was put on a pending waiting list, the managers and people on high salary's along with my three fellow workers were given the severance within weeks of applying

Expert:  Ben Jones replied 3 years ago.
ok so you did not have a guaranteed offer, you were told that your application is pending and eventually it was rejected - is that correct?
Customer: replied 3 years ago.

yes that is correct


 

Expert:  Ben Jones replied 3 years ago.
I am afraid this is not discrimination and your rights will not be that extensive here.

Discrimination only occurs if you have been treated unfavourably due to a protected characteristic, these would include gender, age, religion, disability, etc - this is not the case here.

You also were not guaranteed anything - this was still entirely at the employer's discretion and you only had a pending application. As such you cannot even claim breach of contract.

You can raise this as an issue with your employer, for example through a grievance, but from a legal point of view there is little you can do to force a change in their decision I' afraid.

I'm sorry if this is not necessarily the answer you wanted to hear but I hope you understand I have a duty to explain the law as it actually stands and sometimes this does mean delivering bad news. Please let me know if you need me to clarify anything.

Please take a second to leave a positive rating as that is a very important part of our process. Your question will not close and I can continue providing further advice if necessary. Thank you

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