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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 66635
Experience:  Qualified Solicitor
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My mother was recently offered a redundancy package. She’s

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Hi, my mother was recently offered a redundancy package.
She’s worked in the company for 15 years. Earning around 100k Gbp now and is 69 years old.
She felt with new management she has been unfairly treated due to her age. With responsibilities being reduced despite our performance (sales director)
Customer: replied 6 months ago.
Sorry she is 60 years old.
The redundancy offered was 3months salary.

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.

What do you specifically want to know about this please?

Customer: replied 6 months ago.
Sorry. I wanted to specifically know if my mother was entitled to a better compensation package.
As 3 months wages for 15 years service and her being 60 years old Seems unreasonable. She also feels it is directly because of her age
Customer: replied 6 months ago.
Hi just checking if you are calling today?
Customer: replied 6 months ago.
Hi Ben, wondering if you are free for a calll?

Thank you. Just a quick clarification on phone calls – the pop-up offering you the chance to request one is automatic and I have no control over it. Therefore, if you request a call back there is no guarantee that I, or anyone else, would be available to fulfil it. At present, due to outside commitments, I cannot take calls but your request is open and visible to all other experts. If someone is available, they will accept it and call you, but if no one is free, then it will remain open until it is accepted or you decide to cancel it. In the meantime, you have already paid for a written response and that is the part I will continue helping you with.

Going back to your query, is there actually a redundancy situation going on and her role is at risk?

Customer: replied 6 months ago.
Hi okay no problem. Written is fine for now.
No there is no redundancy going on. Her role is available and will continue to be so.

OK thanks. So it looks like the employer is simply offering her a package to leave voluntarily without there actually being a valid reason to do so. The issue is that there is no amount she is 'entitled to' as such because this is not compulsory redundancy. It is just an offer which she is free to either accept or reject. If she is not happy with what is on offer then she can try to renegotiate it and ultimately, reject it if needed. It would then mean that the employer would have to justify there was another fair reason for dismissing her and if they do go for redundancy then they would have to give her the statutory amount she is entitled to. You can calculate this by simply searching for redundancy calculator online and on top of that she would be entitled to her contractual notice period and accrued holidays.

Does this answer your query?

Customer: replied 6 months ago.
Role has been taken over by a new sales director , they restructured with a more junior team and therefore said her role became redundant, but legally I thought they should offer her the role first ..
And does this qualify as ageism? If she feels this is discriminating based on age?

It is not about offering her the role first, as long as she was given the opportunity to apply for any suitable alternative employment that may exist. As to ageism, it could potentially be but that does not mean they have to give her a better offer, just that she can threaten to challenge them in the Employment Tribunal and hope that by trying to avoid that they improve the current offer. Does this clarify things a bit more for you?

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