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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10527
Experience:  Barrister 17 years experience
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I'm at risk of redundancy and my severance calculation falls

Resolved Question:

I'm at risk of redundancy and my severance calculation falls short of expected amount. I challenged HR as I have been with company 29 years, the responded by saying my T&Cs changed during last restructure back in 2009, they provided a copy of contract which I never signed stateing change, I have also discussed with my peers and all remain on original T&C's so it's only me losing out. HR now say even if I didn't sign it's legally binding after 12 days...change was never brought to my attention all other T&C'S remain in tact apart from redundancy terms, should be 50.5 days +25% uplift for being over 50 and not statutory calculation....please help
Submitted: 1 year ago.
Category: Law
Expert:  Buachaill replied 1 year ago.
1. Dear *****, this decision to reduce your redundancy payment can be challenged successfully on two different bases. Firstly, you would have needed to have agreed to the amended Terms & Conditions in order for them to now govern your employment relationship. Without you formally agreeing to them, they cannot unilaterally be foisted upon you. Secondly, if your colleagues still remain on their original Terms & Conditions, this constitutes unlawful discrimination against you in your employment relationship as you have a right to equal pay and equal redundancy as your colleagues possess. So, I would advise you to get the assistance of either your Union rep or a solicitor to help you fight this matter.
Expert:  Buachaill replied 1 year ago.
2. Ultimately, a case in court might be necessary in order for you to get your full redundancy rights. However, if you get a good employment solicitor, a letter or two written on your behalf will probably lead to a re-negotiation of the issue.
Expert:  Buachaill replied 1 year ago.
3. Be aware that any "deeming" clause whereby you are deemed to accept the amended Terms & Conditions if you don't sign within 12 days is not effective to oust your original Terms & Conditions. So this clause is not effective to do what is seeks to do.
Expert:  Buachaill replied 1 year ago.
4. Please RAte the answer as unless you Rate the Answer, your Expert will receive no payment for answering your question.
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