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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 70873
Experience:  Qualified Employment Solicitor
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I am in a Consultation Period with my employer as my role is

Customer Question

Hi, I am in a Consultation Period with my employer as my role is under threat of redundancy. I made a suggestion to the business which was declined by the CEO, who then sent me the following email attached. I had a meeting with HR where I have suggested that the Consultation Period has been compromised on the basis of the CEO’s email. HR then asked for a Without Prejudice conversation which we have had, where I have suggested a Compromise Agreement, they have gone away to think about this and will revert. However I am interested in your thoughts?
Submitted: 12 days ago.
Category: Employment Law
Expert:  Ben Jones replied 12 days ago.

Hello, I’m Ben. It’s my pleasure to assist you today. I may also ask for some preliminary information to help me determine the legal position.

Expert:  Ben Jones replied 12 days ago.

Hi there. Can I just check, how long have you worked for this employer? and what specifically would you like to know about this please so that I can best advise?

Customer: replied 12 days ago.
I have worked for my employer for almost 5 years. While in a consultation period is my employer not legally and morally bound to try and mitigate redundancy and by sending this email mid way through the consultation period has he compromised the situation on the grounds that he is indicating that my employment with the company is over?
Expert:  Ben Jones replied 12 days ago.

OK I understand and thank you for providing this information. Please do not worry and leave it with me for now; I will get back to you with my answer as soon as I can, which will be at some point today. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.

Expert:  Ben Jones replied 12 days ago.

Many thanks for your patience, I am pleased to be able to continue assisting with your query now. First of all, I am sorry to hear about the issues you have experienced in your situation.

During a consultation period the employer is indeed expected to keep an open mind about the final outcome of the proposed redundancies and work with the employees or their representatives to try and seek way to avoid the need for redundancy. The consultations should be meaningful and the employer should engage with the employees to hear about their proposals to mitigate the need for redundancies. It could still be that the outcome remains the same, but they should at least give them the opportunity to make submissions and proposals.

The email here should have been worded better, I agree. However, that is not a closed case automatically and the employer could still try and salvage this by clarifying that this may not have been what was intended and whilst it may have been the most likely outcome, based on their business needs, they can still listen to any ideas or suggestions to try and avoid this from happening, or at least reduce the number of redundancies taking place.

This can all work towards building a case against the employer but it is unlikely to be the one thing that makes this an unfair dismissal. It can nevertheless be used in your negotiations with the employer on trying to reach a settlement with them.

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.

Customer: replied 12 days ago.
Thanks Ben
Expert:  Ben Jones replied 12 days ago.

You are most welcome. If you have any further questions about this then please do not hesitate to get back to me and I will be glad to help. All the best

Customer: replied 11 days ago.
Morning Ben, are settlement agreements taxable?
Expert:  Ben Jones replied 11 days ago.

Hi there, the first £30k of a settlement agreement will not be taxable, but that excludes things like salary, notice pay, holiday, bonuses, commission, etc – basically anything you are due under contract is taxable, but redundancy pay and compensation for loss of loss of office, or an ex-gratia payment, will not be taxable for the first £30k. I hope this clarifies things for you a little bit more.