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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48761
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I would like to ask in May 2014 I retired and within less then

Customer Question

I would like to ask in May 2014 I retired and within less then 2 months after leaving the company GAL Gatwick Airport offer a severance package of 1 months pay for each year worked upto 12 years. I have since found that talks were taking place at the time of my retirement and that at least two people were advised by the Unite Union Rep to hold back on giving in their notice. I was/am still a member of the Unite Union and feel that perhaps I should have been advised of same to make a fully informed decision was to weather to stay for a few months longer or leave at the end of May. I had been with the company for 11 years 10 months.
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. Do you know if these people were approached by the Union and advised of this? Were you also in talks with the union at the time about your situation?
JACUSTOMER-flqha4ug- :

I believe one of them was advised by a union rep to hold fire on giving his notice in. Not sure of the other. I left GAL at the end of May and I believe now that the talks were taking place with the management and the union. The offer put forward in July but people new of its existence in June.

Ben Jones :

You would only really have a claim against the union if you can show that they had acted negligently in their actions or in the advice that they gave you and that led to you making the incorrect decision which ended up costing you. This may not be easy to prove because you would need to show that they had acted in such a way that fell below the expected standard of a reasonable union in the same position as them. Often it would come down to a court to decide what such a standard is. It is unlikely that they would be deemed to have acted negligently if they simply did not approach you to discuss these options with you – generally a union would be there to offer you advice after you have approached them for it and the most likely claim would exist if they had then given you such poor advice that no other union in the same position would have given you and it was deemed negligent. But just because they did not approach you to discuss your options, assuming you did not approach them to ask them about that first will unlikely result in a claim for negligence, it will be rather difficult to pursue.

Is this what happened in your case?

JACUSTOMER-flqha4ug- :

yes, it has only been brought to my attending by others telling me that the union advised them that it would be in their best interest to wait as something is in the pipeline that would be of benefit to them. There is also one gentleman who had his leaving on the 6th June this year a leaving party but it still employed for 1 night a week at this time.

Ben Jones :

To be honest it will be very difficult to be able to prove that the union was negligent in these circumstances just on the basis that they did not actually get in touch with you when the option to wait for retirement existed. Negligence would only really be an issue if they did not offer you the correct advice when you went to seek help from them. Even then it has to be very clear negligence

JACUSTOMER-flqha4ug- :

ok thank you I think that by reading your reply it would not prove to be worth my while to try and pursue this issue. I appreciate the openness of the reply. If you can offer any further advice on any action I can take it would be appreciated.

Ben Jones :

You may wish to try and approach a personal injury lawyer to discuss this in more detail because this will be a personal injury claim and if you see someone face to face where you are able to discuss the situation in more detail you could get a more accurate outlook. Shop around and see if any local personal injury solicitors offer something like a free initial consultation where you do not pay anything but have the opportunity to discuss your case and they will then give you an opinion on whether it is actually worth taking this matter further. Hope this helps?

JACUSTOMER-flqha4ug- :

Yes thank you it has been very helpful as I was unsure of what action to take if any.

Ben Jones :

you are welcome, all the best

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Customer: replied 3 years ago.
Can you please advise why I have been charged a further £48 having already paid the initial cost of £38 for my one original question thank you penny
Expert:  Ben Jones replied 3 years ago.
Hi you may have selected the subscription option, please contact***@******.*** to check your account details.