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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48718
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I am 67 year old and have been with this company for 8yrs.

Resolved Question:

I am 67 year old and have been with this company for 8yrs. We are relocating and have been told that if up to 3 months in the new location and we are not enjoying work we can talk redundancy. Would this for me be calculated at 1.5 x my pay per week x 8years service. Also is this taxed?
I have made noises that when I get to 68yrs which is next July I may terminate my employment then anyway but have not put this in writing. As we are relocating in January 2015 and have had this offer of 3 months
at the new location do you think I would still qualify for a redundancy package.
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.
Ben Jones : Hello, my name is ***** ***** it is my pleasure to assist you with your question today. Does your contract entitle you to enhanced redundancy?
Customer:

Hello Ben, thank you for taking my questions.. Ther is nothing in my contract which mentions enhanced redundancy.

Customer:

will you get back to me later?

Ben Jones :

Hi, you can calculate your redundancy entitlement here:

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

Any redundancy up to £30,000 will be tax free.

You are entitled to 4 weeks' trial in the new job (new location), so you need to press for that period rather than the extended 3 months as after the initial 4 weeks it could be deemed you have accepted the position and it could affect your entitlement to redundancy

Customer:

My employees have put in writing that they will extend the period of trial period from 4 weeks to 3 months. In this letter it also stated the redundancy package would be the statutory redundancy level.

Ben Jones :

the trial period can be extended but only for the purposes of training you for the new job, but if the employer has issued a letter guaranteeing redundancy it would be ok

Ben Jones :

Hope this clarifies your position? If you could please let me know that would be great, thank you

Ben Jones :

I hope this has answered your query. Please take a second to leave a positive rating, or if you need me to clarify anything before you go - please get back to me and I will assist further as best as I can. Thank you

Customer:

Hi Ben

Customer:

I am rather concerned that because I may take retirement in July 2015 but I have not put anything in writing to my employer to this effect but have mentioned it in passing to my boss, that they will not give me the option of redundancy after my 3 month period is up if I wanted to leave after relocation. When I bought this up in a one to one situation in the office about this relocation my Boss told me my case was different to the other because of my age. Is that correct?

Ben Jones :

in a sense, yes, because they cannot treat you detrimentally due to your intentions to retire in the near future. This would amount to age discrimination if it happens so if they refuse you redundancy because you intend to retire then you would have a separate claim for discriminaiton

Customer:

Thank you. I have a meeting with my Boss tomorrow. I am the oldest employee they have ever had so I need to get my fact correct.

Ben Jones :

well for certain you cannot be treated detrimentally due to your age and it would be clear discrimination if the employer refuses to offer you redundancy because they think they can avoid paying you redundancy by waiting for you to retire

Ben Jones :

Hope this clarifies your position?

Customer:

Thank you for your help. I feel a lot happier .

Ben Jones :

you are welcome, all the best

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