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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 49814
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I have been recently TUPEd into another company. On joining

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I have been recently TUPEd into another company. On joining the company I was told that my position is at risk and its likely I would be made redundant. An offer was provided by of the company detailing statuary redundancy charge 16 years cont. service, a termination date, cash in lieu of 13 weeks notice with a deadline of 7 days and an offer to pay for legal counsel. I responded by refusing the 'in principle offer'. A settlement agreement has been submitted for discussion. The SA does not take in account the full cash benefits from the previous T&Cs which are now included in my base salary, for the 13 weeks redundancy or the 4 weeks consultation for the SA and the residual holidays. Should the company have included the T&Cs uplift within their calculations?
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. There is no legal requirement on the employer to have included these benefits in their calculations. A SA is something which you and the employer negotiate and agree on - it can include anything that you both agree on including in it. If what is on the table is not acceptable to you then you do not have to accept the agreement, simple as that. Similarly, if the employer does not want to include certain payments they do not have to and can withdraw their offer. In the end you both need to agree on whatever suits both parties. But you cannot say that they MUST include certain payments in the SA because there is no obligation on them to include anything in it, there is in fact no obligation on them to offer a SA in the first place. However, you an continue negotiating and try to argue that these payments should be included - that is for the employer to decide whether they want to and if an improved offer should be made. You cannot force them to include them though so it is left at their discretion. I trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or if you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
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Customer: replied 2 years ago.


I thank you for your concise response to my query.

I am presently negotiatin the details of the SA with my new employer. After discussion they have included the cost of my benefits in to my gross pay as agreed under TUPE.

Regards Harry

Glad to hear it and thanks for letting me know, all the best