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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48158
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I would like advice on a Redundancy situation. I am 74 and

Resolved Question:

I would like advice on a Redundancy situation. I am 74 and have worked with my present company for 14 years. I look quite youthful and age has never been an issue. However
the company met with severe financial problems some 2/3 yrs ago and has paid is staff
haphazardly since. Last year I returned from sick leave and was requested to only work
2 half days per week until I had settled in and felt stronger. When this happened a few
weeks later I was told there was not enough work for me. Because I felt vulnerable I
didn't contest this but have continued going in two afternoons and just doing all sorts of
odd jobs, not relating to my previous work.
I have not been paid fofr 3 months nor received money owed from past 2 yrs.
considering I have worked well beyond "retirement age" do I have a case for redundancy
pay-off. I almost feel as if it is an"constructive dismissal" situation.
Can you please give me some advice
Thank you
Wendy Plim
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today.

Ben Jones :

How long have you been working these reduced hours?

Customer:

Since March 2013.

Customer:

Ben Jones.

Ben Jones :

And you have still not contested it?

Customer:

Not really as the partners were were personal friends. I question the

Customer:

irregular payments and just get letters promising this money will all

Customer:

be paid by end of March 2014.

Ben Jones :

Do you think any of this has anything to do with your age?

Customer:

No not when the job "disappeared"last year, they didn't know my

Customer:

age until end of 2013. They may think this gives them a good position now-

Customer:

but surely there is the issue of "age discrimination". Does redunancy

Customer:

not apply after a certain age? This is something I wanted to establish.

Ben Jones :

ok let me get my response ready please

Customer:

OK fine

Ben Jones :

Whilst a reduction in workload could result in redundancy, it does not mean the employer has to pursue that option and they could try and deal with this in other ways, for example by reducing or amending the employees’ hours of work. This would usually only be possible of the employee either consents or their contract allows such changes to be made. So whilst there is nothing stopping you from asking for redundancy, the employer does not have to pursue it. Also there is no age limit for redundancy payments so this should not be an issue.


 



 


In the meantime you can still try and salvage this internally by going through the grievance procedure with your employer.

Customer:

Ben

Customer:

I have only received two lines " in the meantime etc....

Customer:

Is this all??

Ben Jones :

no there is more, can you try scrolling up

Customer:

BenJones

Customer:

No can't get any more. Can you possible cut and paste and just

Customer:

send it to me as an email.

Customer:

Sorry, have tried...

Ben Jones :

no problem, here it is

Ben Jones :

Whilst a reduction in workload could result in redundancy, it does not mean the employer has to pursue that option and they could try and deal with this in other ways, for example by reducing or amending the employees’ hours of work. This would usually only be possible of the employee either consents or their contract allows such changes to be made. So whilst there is nothing stopping you from asking for redundancy, the employer does not have to pursue it. Also there is no age limit for redundancy payments so this should not be an issue.

Ben Jones :
Ben Jones :

In the meantime you can still try and salvage this internally by going through the grievance procedure with your employer.

Customer:

Thanks - got it now.

Customer:

Thanks

Customer:

Wendy

Ben Jones :

You are most welcome. Please take a second to leave a positive rating for the advice I have provided as that is an important part of our process. Thank you and feel free to bookmark my profile for future help:



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