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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 51214
Experience:  Qualified Employment Solicitor
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Following on from my chat with you on Sunday 22nd April 2018

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For Ben Jones,Following on from my chat with you on Sunday 22nd April 2018 I have now received two further letters from my employer with regards ***** ***** redundancy situation. Surprisingly, both letters are dated 23rd April 2018 and I received them both by email attachment at 9.20pm on the evening of the 23rd. My employer as asked for a response to both within a couple of days which I did not consider a fair response time and so I have asked more time to respond. Was this within my right to do so? I am hoping to respond by Friday this week.The first letter states an assumed date of termination by redundancy on Monday 30th April 2018. In addition to my SRP entitlement I would receive 9 weeks contractual notice of termination less statutory reductions, plus any accrued but untaken annual leave. I assumed this to be working my 9 weeks notice which would take me over my 10 years of service as at 27th May 2018 increasing my SRP by a further year. Do I accrue further holiday entitlement during my notice period?The second letter of the same date was a Without Prejudice letter with rather contradicting offers regarding my redundancy, especially as they were written on the same day and sent to me at the same time. This letter stated I either volunteer for redundancy or accept 30th April as being my last day of employment. My redundancy package in this instance would be 9 weeks PILON free from statutory deductions in addition to my SRP and accrued annual leave.There is nothing in my contract with regards ***** ***** Can I refuse to take it? Can I insist I work my 9 weeks notice? If I did I would be entitled to 10 years redundancy pay rather than 9 and obviously receive more money. For the sake of less than 4 weeks of working for my employer for 10 years I think he is being rather unfair.I am off currently of sick at present and won't be returning to work before my 9 weeks notice ends anyway as I am not due back until July so I won't even be going back to work.Thank you

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

You can take as long as needed and a couple of extra days is not usually an issue but the employer can set a deadline if they want to and if they are making an offer – withdraw it if you have not replied by their deadline. There is nothing in law which stipulates a minimum notice period you just be given in these situations.

If you work your notice period then you continue accruing holidays during that time. However, if you are being paid in lieu of notice, you will not accrue any holidays.

Your employer can only force you to take PILON if there is a contractual right for them to do this, and if there isn’t, then they would be acting in breach of contract and you can pursue them for anything you would have been entitled to or accrued had you been allowed to work your notice period.

I trust this has answered your query. Please take a second to leave a positive rating by selecting 3, 4 or 5 stars above - this is an important part of our process and recognises the time I have spent assisting you. If you still need me to clarify anything else, please reply on here and I will assist as best as I can. Thank you

Customer: replied 3 months ago.
That's great Ben, thank you. Just a couple more things.
Does my 9 weeks notice commence from 30th April or will that date be advised by my employer after I tell him I do not want to take PILON?
If I do not agree with his reasons for receiving a Without Prejudice letter can I ask my employer to withdraw it?
Many thanks

the notice period starts once you have been issued with notice of termination - I presume this will be confirmed once you say no to PILON and they will then issue you with formal notice of termination

When you say can you ask to withdraw it, withdraw what specifically - the offer?

Customer: replied 3 months ago.
No, I was thinking more of asking him to agree to removing the "without prejudice label" from the letter because I may at some stage in the future consider taking this matter further and the contents of this letter may help my case. I understand as it stands it cannot be used in any tribunal case? I can only think that is why he has labelled it as such to begin with, non of his previous letters have been labelled without prejudice. I have a very strong feeling that my employer may have knowingly made the selection process unfair between myself and my colleague making it untenable for me even to consider the new position on offer and so forcing redundancy. Having worked for him for nearly ten years he is well aware of my skill set before he set out the criteria for the new role. Also he has done a similar thing of getting rid of two previous colleagues whilst they have been on annual leave and I have been on long term sick leave since October 2017. Just a hunch I have.

there is nothing stopping you asking him but I doubt he would agree - why would he expose himself? WP labels are used when a party is making genuine attempts to settle an ongoing dispute so if this is not seen as a genuine attempt at settlement, it may lose the WP protection anyway, regardless of what it has been labelled as

Ben Jones and 2 other Employment Law Specialists are ready to help you
Customer: replied 3 months ago.
it probably wouldn't get me anywhere. That's interesting. I will bear that in mind.Can I just say again how very satisfied I have been with your all your responses to all the issues I have been experiencing through this ongoing situation. Your advice has been extremely helpful. I can now finish my response in confidence.Many thanks Ben

many thanks for the kind feedback and all the best for now