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Ben Jones
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Employment Law
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I have taken voluntary redundancy, HR gave me a form to sign
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I have taken voluntary redundancy, HR gave me a form to sign along with my manager which stated a higher amount then had been previously quoted. This was the only document I and my manager signed. My final pay was for several thousand pounds less. Payroll stated a mistake had been made and was only entitled to the lesser amount.
Is this correct or do I have a case to claim the higher amount quoted by HR?
Thank you
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Expert:
Ben Jones
replied 2 years ago.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. So to clarify - was the incorrect figure the only one you were ever quoted?
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Customer:
replied 2 years ago.
I was given estimated figures on the understanding they were not final and they were based on years and hours worked and could change.
The final figure which I signed stated this figure was for all 3 posts I held combined.
Expert:
Ben Jones
replied 2 years ago.
If you were quoted the correct figure would you have taken redundancy still?
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Customer:
replied 2 years ago.
If I had been quoted what I received then I would not have taken voluntary redundancy.
Previous quote from payroll had been slightly higher than the amount paid.
My manager asked me if the final quote wasn't what I was expected and I said it was for more. She replied that is the amount HR have given so if you are happy with that sign it. Which we both did.
This was my acceptance of Voluntary redundancy and I left a couple of months later.
Expert:
Ben Jones
replied 2 years ago.
If a genuine error had occurred then you would not generally be allowed to take advantage of that and the party in the wrong should be allowed to correct it. However, you have relied on that error to your detriment and gone ahead with the redundancy, which you would not have done ha the error not occurred. So on that basis you could pursue them for the quoted amount. Although they could instead offer you your job back and allow you to return which would put you in the dame position had the error not occurred. So it depends on what the employer wants to do – either pay you allow you to return, but they should not prevent you from returning and also not pay you what you were quoted. 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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