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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 64950
Experience:  Qualified Employment Solicitor
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Secondq opinion] Voluntary redundancy

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secondq opinion] Voluntary redundancy

Hello, I’m Ben, a UK lawyer and will be dealing with your case today. I may also need to ask some questions to determine the legal position.

Please provide some more details of your circumstances.

Customer: replied 12 days ago.
Hi Ben , I’ve been employed by Rkh construction for 6 years and we are running out of work
My employer has offered me 6 weeks redundancy pay
I have explained what it says on the Gov.uk website and that I am entitled to 15 weeks but he doesn’t agree
Regards

Have you gone through the following redundancy calculator to see what you are due:

https://www.gov.uk/calculate-your-redundancy-pay

Customer: replied 12 days ago.
I have

And this is the amount they are refusing to pay?

Customer: replied 12 days ago.
I’ve been offered 6 weeks redundancy pay

Ok thank you. The amount you have calculated is the statutory minimum which means the employer cannot pay you less that that – it is set by law. If they do not pay you what you are legally due then you have the right to take this further and make a claim in the Employment Tribunal for the difference due to you.

Before a person can make a claim in the employment tribunal, they would be required to participate in mandatory early conciliation through the Advisory Conciliation and Arbitration Service (ACAS).

The purpose of this process is to allow ACAS to mediate between the claimant and respondent to agree on an out of court settlement in order to avoid the need for legal action in tribunal. The respondent does not have to engage in these discussions, or if they do and the talks are unsuccessful, the claimant will be issued with a certificate allowing them to make a claim.

However, if a settlement is reached, the claimant would agree not to proceed with the claim in return for the agreed financial settlement. Other terms can also be agreed as part of the settlement, such as an agreed reference.

To initiate the conciliation procedure ACAS can be contacted online by filling in the following form (https://ec.acas.org.uk/Submission/SingleClaimantPage), or by phone on 0300(###) ###-####

If the conciliation process was not successful and you then wanted to make a formal claim in tribunal, you can do so here:

https://www.employmenttribunals.service.gov.uk/apply

Does this answer your query?

Customer: replied 12 days ago.
Thanks Ben , will this apply for voluntary redundancy aswell ? as I have nothing in writing which I have requested

Yes, you cannot be paid less than the statutory minimum for redundancy, no matter the type

Ben Jones and 2 other Employment Law Specialists are ready to help you
Customer: replied 12 days ago.
Thanks Ben

All the best

Customer: replied 12 days ago.
Can I come back to you if I need further assistance ?

of course

Customer: replied 11 days ago.
Hello Ben
Could you review the below please

Hi Graham

Without Prejudice

Further to our conversation please find below a brief list of things discussed and let me know your thoughts. Please be aware these are my interpretation of the financial remuneration and will be confirmed on Monday in a letter.

Redundancy package as per the legal advisors advice.

Redundancy accumulation £3,937.50p
Payment in lieu of notice £2,384.94p
Total package £6,322.44p

Outstanding Kitchen material cost to RKH construction
Balance left to pay £2,950.00p
The above figure will be reduced by £1000.00p if Redundancy package is agreed.
Then the remaining balance to be paid is £1,950.00p
Contractually this amount would be taken before your redundancy package is paid.

Other items (Agreed between us)
You would keep the car for your Notice period.
Fuel would be supplied by yourself
Tax and insurance covered by RKH during your notice period.
Phone contract to be terminated as you have your own.

If the above is acceptable, I would arrange for this agreement to be drawn up by our solicitors on Monday and the funds transferred to you within 24 hours.

If you could come back to me as soon as possible, I would be grateful.

Have a good weekend (As much as possible)

Cheers

Rob
Rob Holland
Managing Director
RKH Construction Ltd
Mobile:07966 328 614
Office: 01363 83599
Accounts: 01363 83636
Email: [email protected]
Website: www.rkhconstruction.co.uk

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Hi what do you want to know about this please?

Customer: replied 10 days ago.
Is the value roughly what I’m entitled to ? Also there’s no mention of holiday or sick pay ?

On redundancy you are entitled to the following:

· Redundancy pay as per the Government calculation

· Your contractual notice period, which must be at least as much as your statutory entitlement (i.e. one week per full year of service, up to a maximum of 12 weeks)

· Any accrued holidays for the current holiday year