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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 60512
Experience:  Qualified Solicitor
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My wife being redund, she is with us here in manchester. she

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Hi, My wife being redund
JA: Where is your wife? It matters because laws vary by location.
Customer: she is with us here in manchester.
JA: What steps has your wife taken so far?
Customer: she worked for Tesco. Initially they offer 12K redundancy pay but just eve of her last working day she being told that it is going to be only £6K as per calculation.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Store manager didn't gave Tesco redundancy policy document and last mins. they changed figure and lead to stress my wife, she was already took anti depression tabs and this instance made her trigger to self harm.

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

How long has she worked there for?

Customer: replied 7 days ago.
on the day of last meeting with manager my wife was so distressed she had suicidal thought as plenty of plan out was shatters. While I was away at work - called to 999 and ultimately went to hospital for further checks.
Customer: replied 7 days ago.
10 years

Ok and what do you specifically want to know about this, please? Please note I am mobile at present so may not be able to reply immediately, thanks

Customer: replied 7 days ago.
I understood you are mobile.
As per law can employer tell us last minute about change of redundancy payment?Even my wife had not redundancy policy details... -
After called to union representatives they sent a copy...
Further if we want to take action against co. How much chance do we have?
Customer: replied 7 days ago.
I Wrote it down full story from the beginning. I will post that to you.
Please have a read through and let us know what can we do about it.
Customer: replied 7 days ago.
Furthermore I have proof- she was taking antidepressants, Managers knew about that. If anything happened to my wife who will be responsible? right now-still she is in trauma.
Customer: replied 7 days ago.
November 2009 Tesco Started as GA Part time
October 2017 Decided to do Full time occupationLater because of stress at work and working style of other colleague/manager decided to work part time.14th July 2019 contracted to do work part time10th August 2019 Manager formerly told me about job designation being redundant by
Tesco PLC.
1) Initially handed over calculation of my redundancy pay worth £12K.
2) Being told I have 3 week time to discuss with family and friend.
3) Explained – job designation being redundant in 'Metro stores' but can be available in 'Extra Store'
4) All vacancies being available online after 2nd September 2019.
5) Explained – Going to be 3 consultation Meeting and any help needed for finding new job can be accommodate.2nd September 1st Meeting
1) I told my manger will check online regarding the vacancies and I will let him know about my decision.
2) Manager asked me if any support or union representative is needed in the meeting. I simply declined as I had full faith in store manager and line managers that I had worked with for nearly 10 years.
Checked online – and I found shift leader or GA roles available at different stores, few are far away from home.
Meanwhile got another job. Manager knew about my second job.
After that ordeal, I suddenly felt that the store manager and line managers tried to keep distance from me, which made me more stressed at work and I found myself guilty for day to day activities in store and at home.9th September 2nd Meeting
1) In this meeting, I let my managers know that I am not interested as GA job role and shift leader jobs aren't available nearby stores.
2) Asked my manager about redundancy calculation- questioned if any major changes in value?
Manager convinced me that figure wouldn't change drastically. Going to have impact with £200 to £300 approx. as job role still until end of September.
3) Told him that I will let him know if I decide to go for redundancy.16th September 3rd Meeting
1) Again confirmed with my manager regarding redundancy pay. Manager kept telling me that – redundancy pay is likely to be change with minimal adjustments because of last month's job against calculation which are initially given to me dated 10th August 2019.
2) Finally told my manager about my decision (decision took after carefully considered other options/planned for holiday with my son as he is in last year of school)
3) I even asked if this is considered as my income and should I have to pay any tax on it? What is going to happen with my earned shares (all three categories).
Manager answered with – No tax until £30000; and Tesco will convert all my shares and return it to me if I wanted. He confirmed that I don't have to decide that at this stage.23rd September 4rd Meeting 16:00 Monday
1) I looked for Mark Barry (Store Manager) in store – I found him sitting in the staff canteen. When approached he told me that final meeting going to happen on Saturday and not today. I hadn't receive any notification or any letter for change of time/day.
2) We had an informal talk regarding my new job/responsibility; plan after redundancy etc.27th September Telephone call from Mike Barry- 15:45 (Approx.)
1) After routine talk he told me that my redundancy pay would be £6,000 instead of £12,000 as earlier discussed.
2) When asked why that was done in last minute– he told me that HO looking for last 12 weeks pay and within last 12 weeks I was working as a part timer so I am going to have only £6K.
3) He immediately added he will speak to me next day (28th September Saturday)in detail.
4) I was shocked with this news and quite disturbed. I didn't know what to do next, as I had planned plenty of things including going on holiday with son, doing some building work at home etc.
5) I even felt that Mike knew about my mental health condition and still he gave me this shock.
6) I cried a lot overnight and had some dark thoughts.28th September Last working day in Tescowill follow in second msg.....
Customer: replied 7 days ago.
28th September Last working day in Tesco
1) Prior to meeting we had casual talk while I was not in proper mood/stable condition.
2) I reminded him that I had part time contracted since 11 week only and not 12 weeks as he had that impression and told me over the telephone call on 27th September.
3) When confronted -told him to get my contract papers from my personal file which I don't have access to look in to matter and confirmed that so far I worked only 11 week as part time.
4) I questioned how this figure came? -Didn't answer.
Final Meeting
1) Suddenly he asked Glenn (one of the shift leader at present) to take notes and to become representative.
2) His tone had completely changed and told me HO looking for last 12 weeks pay which includes 11 week PT & 1week FT.
3) I said that I need my union Representative to be with me to support this as I am not fully in my mental state.
4) I denied to sign any documents.
5) I told him I am taking redundancy because of amount on offer with my pay scale and I still love working for Tesco.
6) He told me that I have to work 1 more week and we can have another meeting, with the condition if he can speak to personal dept to do that and let me know in an hour.
7) I told him until I get my union representative's advice I am not going to sign any documents nor agree to work for as long as he is expecting.
Final Meeting 14:00 – 14:45
1) This time Mike Barry asked Mark Wooly to take notes or be a representative.
2) He explained that personal dept asked him to make me leaver and today is going to be the last day of work.
3) I was firm with my answer and didnt sign any documents until I got advised about my options from my union representative.
4) He kept asking me to sign as union representative wouldn't be able to do anything about this.
5) I told him sorry! But refused to sign and left store after finishing my usual shift.
Was alone at home -My husband and my son had both gone for work.
Feeling insecure and continued to have dark thoughts about suicide and running away.
Tried to ring my husband and son which are not reachable to say sorry for the life.
Still manage to ring 111 for any help. While talking to lady over the phone my husband and son came by. With in few minutes paramedics came by and took me to hospital for further checkup.
Over the few days - talked to union representative lady and further to another representative over the phone. They sent me Tesco Redundancy policy documents as that neither available to me nor received any guidance regarding my rights.

Thanks but that is quite a lot of informaiotn to go through, I will have to do it tomorrow when in the office and will get a back to you

Customer: replied 7 days ago.
Ok.
Thanks
I will wait.

Hello again, first of all I must make it clear that whilst it is of course very unfortunate that this has affected her in such a way, legally it will not really be taken into consideration because every person deals with issues in a different way so how she has been affected by it will not actually change her legal rights.

In terms of the redundancy payment, you have to appreciate that errors do happen and I have seen it numerous times in the past where someone has been quoted a specific amount for redundancy, only for it to change before they are actually made redundant.

In the end, her rights are dependent on two things - what her statutory redundancy entitlement is and what her contractual enhanced redundancy is (if such actually exists). In the absence of a contractual redundancy policy she will only be entitled to the statutory redundancy entitlement which she can calculate here:

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

If she volunteered for redundancy, and she only did this on the basis of the redundancy she was promised, that does not mean she has to receive that if it has changed but it does mean that she can change her mind over whether she will be taking redundancy voluntarily and ask to stay instead. The issue with that is she could then still be made redundancy under compulsory redundancy and still only be entitled to her statutory redundancy payment as explained above.

In terms of challenging this legally, her options are limited - she can of course pursue it internally through the formal grievance procedure. If that does not resolve things then it is a case of her considering a claim in the employment tribunal but they will generally look at what she was legally entitled to according to the statutory calculation or any guaranteed contractual policy so such a claim could be risky.

If she did want to take it further, 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?

Hello, I see you have read my response to your query. Could you please let me know if it has answered your original question? You can simply reply on here with a quick ‘Yes, thanks’ and I won’t bother you again. Thank you

Customer: replied 5 days ago.
Yes, i found what am i looking for.
Basic advice received.
Thank you very much.

All the best

Ben Jones and other Law Specialists are ready to help you