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:
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:
Does this answer your query?