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MatthewM1117
MatthewM1117,
Category: Employment Law
Satisfied Customers: 334
Experience:  Expert
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Employees

Customer Question

Employees
Submitted: 12 days ago.
Category: Employment Law
Customer: replied 12 days ago.
The company I work for are doing collective redundancies.
They first started by offering voluntary redundancies, which I volunteered.
On the 9th of March when they have announced the redundancy , they also mentioned that those of us that are over 55y and draw the pension, they will be able to leave as a retiree therefore we will be entitled to concession tickets.
Customer: replied 12 days ago.
I’ve got my redundancy accepted and also I got an email confirming that if I draw my pension I be entitled to have the all the fenefits of a retiree
Customer: replied 12 days ago.
They confirmed that my leaving date is the 24th of august. Based on that I started the process of drawing my pension.
Customer: replied 12 days ago.
Now I got an email saying that unfortunately is not possible to get the retiree benefits
Customer: replied 12 days ago.
Could you please advise me what is my scope
Expert:  MatthewM1117 replied 11 days ago.

Good morning, thank you for contacting Just Answer my name is***** am a solicitor and I will be assisting you today. Did the employer provide reasoning as to why you a re no longer entitled to the retiree benefits?

Customer: replied 11 days ago.
Could you give your email so I can forward you his email
Expert:  MatthewM1117 replied 11 days ago.

Please note that the request for a call requires a further fee, if you are happy to pay for the fee I will arrange a call with you. You can attah the email using the paperclip icon below the chat box.

Customer: replied 11 days ago.
Hr only said that after consulting the head office he found out that the information our hr have was wrong
Customer: replied 11 days ago.
On the 1st jun I agreed we the redundancy with the option to retirement as I’m over 55y
Customer: replied 11 days ago.
I have it in writing
Expert:  MatthewM1117 replied 11 days ago.

Thank you for the confirmation, do you now wish to rescind your redundancy?

Customer: replied 11 days ago.
They claim that the redundancy and retirement are 2 separate things
Customer: replied 11 days ago.
I would like to keep what the company promised
Customer: replied 11 days ago.
I would like to have the redundancy and retirement
Customer: replied 11 days ago.
Which they have agreed at the time of redundancy formal meeting
Customer: replied 11 days ago.
If I don’t take redundancy, according to the company, I’m entitled to retirement
Customer: replied 11 days ago.
This information about not being able to take redundancy and retirement only came after our agreement
Expert:  MatthewM1117 replied 11 days ago.

Thank you for the confirmation, the first step I would advise would be to raise a formal grievance to the employer on how this matter has been handled, the attached link should assist you: https://www.acas.org.uk/grievance-procedure-step-by-step/step-2-raising-a-formal-grievance.

Once you have riased the grievance the employer is under a duty to fully investigate your complaint.

Customer: replied 11 days ago.
The new information about retirement and redundancy at same time it’s only applicable for people who have worked for over 30 years in the company
Customer: replied 11 days ago.
I worked for almost 20y
Customer: replied 11 days ago.
Do you think that I have scope?
Customer: replied 11 days ago.
I didn’t reply to his email yet
Customer: replied 11 days ago.
He sent me the email on my day off infact on my birthday!
Customer: replied 11 days ago.
I will have to reply today. How should I reply to it
Customer: replied 11 days ago.
Shall I just say that I m extremely worried as I want to stick to what we have agreed and if he has intention to withdraw from what was agreed?
Customer: replied 11 days ago.
In his email, he’s telling me that I can call him if I want to withdraw the redundancy
Expert:  MatthewM1117 replied 11 days ago.

Yes I would respond and indicate that you feel that the original package induced you into accepting the offer, now you have been informed of the new package you no longer wish to accept what is being offered.

Customer: replied 11 days ago.
Do consider what the company did as a breach of contract?
Customer: replied 11 days ago.
Do I have a case?
Expert:  MatthewM1117 replied 11 days ago.

It is unlikely that this would be a breach of contract, unless the contract of employment contract specifically provided for a retiree payments upon redundnacy/termination.

Customer: replied 11 days ago.
On our department website said that we could take both redundancy and retirement. Now they say that the information the department has is wrong
Expert:  MatthewM1117 replied 11 days ago.

Thank you unfortunately what is stated on the company website is unlikely to form part of your contract therefore it is unlikely you could pursue a breach of contract claim.

Customer: replied 11 days ago.
We about 10 people in the same situation
Customer: replied 11 days ago.
Should we do a collective grievance?
Customer: replied 11 days ago.
At the time we have agreed for redundancy he mentioned that redundancy/retirement is a side deal
Expert:  MatthewM1117 replied 11 days ago.

Yes it would be best if you carried out a collective grievance it amy also be worth contacting a union rep to see whether they can assist you in this matter.

Expert:  MatthewM1117 replied 11 days ago.

Hopefully I have answered your question but if anything remains unclear I will be happy to assist you further.