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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47588
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I was made an offer of redundancy last year, which I didn't

Resolved Question:

I was made an offer of redundancy last year, which I didn't have to take because I was offered a position and accepted. Since then the company has reverted to statutory redundancy terms. I am now under Consultation again. Does my offer from last year carry any weight in my negotiations?
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. What does your contract entitle you to?
Customer: replied 1 year ago.
I am entitled to 3 months notice according to my contract. However I do know that the company has offered better terms than the contract to other employees recently, and have agreed a compromise arrangement.
Expert:  Ben Jones replied 1 year ago.
Was the offer of such terms always applied and was it communicated widely to the workforce, or was it done on an irregular basis and you only know from the employees involved about it?
Customer: replied 1 year ago.
It was irregular and I found out about it from the employees involved.
Expert:  Ben Jones replied 1 year ago.
Unfortunately the offer you received in the past will have no legal weight to any negotiations with the employer. It was an offer made in relation to the redundancy exercise which was ongoing at the time and once that was declined and the offer withdrawn, it would have been the end of it. If subsequently a new redundancy situation arose, your employer would have no obligation to revert to the past offer or offer something similar. Your rights only extend as far as your contract says so the employer is legally obliged to only offer you what is in there (as long as it meets the statutory requirements). Anything on top of that is at their discretion. You cannot argue that he enhanced offers have become an implied contractual term through custom and practice because they were applied irregularly and not communicated to the workforce. So you have nothing to lose by trying to negotiate based on the previous offer but whether the employer offers it again is entirely at their discretion. I'm sorry if this is not necessarily the answer you were hoping for, however I do have a duty to be honest and explain the law as it actually stands. This does mean delivering bad news from time to time. I hope you understand and would be happy to provide any further clarification if needed. If you are still satisfied with the level of service you have received I would be grateful if you could please take a second to leave a positive rating by selecting 3, 4 or 5 starts at the top of the page. Thank you
Customer: replied 1 year ago.
If they do not offer me enhanced terms, can I not claim unfair treatment in comparison to these recent cases?
Expert:  Ben Jones replied 1 year ago.
I am afraid not - there is no such thing as unfair treatment in these cases - just because someone else has been offered better terms does not give you the right to demand the same. It will only become an issue if this is done on discriminatory grounds, eg. because of your gender, race, religion etc
Customer: replied 1 year ago.
Would age be a grounds for discrimination. I am almost 60 and the other examples were a lot younger than me by at least 10 years.
Expert:  Ben Jones replied 1 year ago.
you have to show that age was the actual reason for this difference in treatment - just because the others were younger does not mean that this was the actual reason for the better offers they made, it could be to do with completely unrelated reasons
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Customer: replied 1 year ago.
okay thanks
Expert:  Ben Jones replied 1 year ago.
You are welcome. Also I do not think that this argument will be strong because in the past you have been offered enhanced redundancy and it was only a year so your age would not have been much different