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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 44957
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I am 62 years old and have been employed since Feb 2000 by

Customer Question

I am 62 years old and have been employed since Feb 2000 by the civil service. In March 2009 I TUPE'd over to a private company (Interserve FM) together with my civil service T&C's but have continued to work in situ to the present, delivering the exact same services as before. In 2013 it was announced by the government agency for whom my employer's were contracted to, that the building in which I worked was going to be closed and that I may find myself in a redundancy situation early in 2014. This was approximately in the summer of last year and I immediately asked for a complete copy of my contract/T&C's and an estimated projection figure of what I might receive as a redundancy payment should it come to that. I was emailed a copy of the letter I signed when accepting employment by the civil service in 2000 and a condensed copy of my t&c's. My employer refused my request for an estimated redundancy figure and despite further requests this has never been forthcoming.
I am now in a consultation period with my employer and have received my redundancy figure based on the civil service compensation scheme t&c's. This figure was substantially less than I was expecting and when I questioned it I was told that an amendment was made to the CSCS in 2005 that changed the age from 65 down to 60 up to which you would receive a full redundancy package based on years of service. I had worked out roughly that I should have received somewhere in the region of £50,000 based on a document I received from the PCS union rep outlining the CSCS terms but this did not include the 2005 amendment. I now find that instead of receiving the aforementioned amount I am only going to receive £11,500 which equates to 6 month's salary,and this is purely because of my age.I have 14 years continual service and all I'm apparently entitled to is 6 months pay. Surely this can't be right? Does this mean that someone with 40 years service who finds themselves in a redundancy situation at age 61 is only entitled to 6 months pay as compensation. I feel that I have put in all those years of hard work for nothing and that I have been well and truly let by my current employers and by the civil service. This has caused me such distress and anxiety to the point at which I have been signed off work for the remaining three weeks of my employment. Given these circumstances do you think that there are grounds for pursuing an age discrimination claim against, well to be honest I don,t know who, would it be my employer or the civil service?

I look forward to your comments

Kind regards
Graham
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. What would you like to achieve?

JACUSTOMER-hv3s1nv1- :

Hi Ben

JACUSTOMER-hv3s1nv1- :

I apologize for not being available when you replied. Please get back to me when you are available

JACUSTOMER-hv3s1nv1- :

Regards

JACUSTOMER-hv3s1nv1- :

Hi Ben

JACUSTOMER-hv3s1nv1- :

are you able to advise on my issue?

JACUSTOMER-hv3s1nv1- :

hi are you there Ben?

JACUSTOMER-hv3s1nv1- :

I'm not receiving anything Ben

JACUSTOMER-hv3s1nv1- :

hi Ben can you read this?

Ben Jones :

Hello. I'm sorry for the delay. I didn't see your responses. I will be online and able to concentrate soon if thats not inconvenient?

JACUSTOMER-hv3s1nv1- :

That's fine Ben

Ben Jones :

Thanks for your patience, appears to have been some technical issues earlier. So just to confirm – the CSCS terms – were these contractually binding on you and did they apply to you when you transferred companies in 2009? Were you aware of the changes that occurred in 2005 when you moved in 2009?


 


If I don’t respond immediately don’t worry, it may be the same issue as earlier as I am on a mobile signal but will be on a permanent one later this afternoon and should not be experiencing these issues then. Many thanks in advance

JACUSTOMER-hv3s1nv1- :

No worries. As far as I am aware all my T&C's that were applicable at the time of TUPE were transferred with me but I was not aware of any amendment in 2005

JACUSTOMER-hv3s1nv1- :

What in gods name is XXXXX XXXXX here. I've paid £33 for a consultation and I'm not getting one. I'm beginning to become very very annoyed

Ben Jones :

Hi, sorry about the delay, as mentioned I was having some technical issues earlier. Also uou ske for medium urgency so that would not have been instant advice I'm afraid. Anyway I am fully online now so can assist as needed. Finally, before I provide my advice - have you been provided with evidence of the changes introduced in 2005, or that in fact they were made then?

JACUSTOMER-hv3s1nv1- :

I had an attachment forwarded to me when I received my redundancy figure last Monday 13th Jan. I attach the documents for your information.

JACUSTOMER-hv3s1nv1- :

Sorry I couldn't attach the documents into the email. I'll try and send it straight from my inbox.

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