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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47418
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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i was made redundant in july 2013 but have as yet recived no

Resolved Question:

i was made redundant in july 2013 but have as yet recived no money, there are 12 of us in total, we all worked for a catering company in a college, the college said there was not a tupe transfer, we have all been to a tribunal where the judge said there should have been a transfer, we are due back in court on 16th and 17th of december.
we have recived a letter off the college,s soliciter asking for proof of job searches etc and have only 7 days to reply, in the mantime acass are making offers if i thought these offers were fair i would gladly accept, but for example a girl who only did 15 hours has been offerd 6000, and someone who worked 35 hours was offered 4000, so where do we stand ? we were advised to ask for redundancy, loss of earnings etc.
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.
Ben Jones : Hello, my name is ***** ***** it is my pleasure to assist you with your question today. What specifically would you like to know about this?
Customer:

Why when only two weeks away from going back to court is the college,s solicitor asking for proof of job searches etc when we all lost our jobs through no fault of our own, and when the judge ruled in our favor we went back to citizens advice who said we could go for unfair dismissal loss of earnings etc but now acass are making offers to individualls that we cant understand,like the manager has been offered 4000 while a part timer on 15 hours is being offered 6000,why does this happen ?

Ben Jones :

Hi, you would be expected to show proof of job searches because once you are dismissed, regardless of whether it was your fault or not, you have a duty to reduce your losses immediately. This means that you are expected to start looking for a new job straight away and make all reasonable attempts to reduce your losses from being out of a job. If you cannot show that you have made attempts to find a new job then your compensation can be reduced because the employer should not be expected to pay you for time when you may have actually been reducing your losses by being in a new job. Of course no one can guarantee that you would have found a job straight away but you must show that you had at least tried.

As to the offers being made there are various reasons behind that. They could be based on the apparent strength of someone’s case, what their losses could be estimated at, their length of service and so on. There are many factors that can come into play and it is impossible to say what combination of these the other side has used to arrive to the amounts that they have offered.

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

Customer:

i have kept records of job searches etc, we have all worked there for eight years, the person who was offered six thousand has been on the sick so has not looked for any jobs,she only worked 15 hours a week, the rest of us were full time and were constantly looking for jobs so it doesnt make sense ?

Ben Jones :

Only the employer and their solicitors will know the reasons for the value of the offers, to anyone else it will be a pure guess so I cannot tell you exactly why they have decided to make these specific offers, but as mentioned there will be many factors that would come into it

Customer:

so basically we may as well go back to court, i still dont understand all these offers as cab said we could all go for unfair dissmisal and loss of earnings etc

Ben Jones :

you could go back to tribunal but the risk is if it decides that you are not due as much as you have been offered now you can lose out, the good thing about the offer is that it is guaranteed you will get that amount, whereas if you go back to tribunal it is in their hands and you are not guaranteed a specific amount until they make a final decision

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