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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 70363
Experience:  Qualified Solicitor
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I got made made redundant from my job on the 31st of July, i

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JA: Hi. How can I help?
Customer: i got made made redundant from my job on the 31st of July, i was told my redundancy figures but didn't agree with the figures. My settlement was based on my weekly wage but for 19 years i had received a monthly allowance of £200. The company said that this was not included in the final figure but i argued it should have been. i am in touch with ACAS but my employer is not co-operating. Am I correct in my assumption that the allowance should be included in the redundancy calculation.
JA: Have you discussed the termination with a manager or HR? Or with a lawyer?
Customer: Yes i discussed it with HR bit they said i wasn't entitled to it as they paid more than the statuary redundany terms.
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: Unemployed now. Not in a union. I was an employee.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No. Just need to know if i have a case at a tribunal.

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.

Customer: replied 12 days ago.

I am sorry to hear of your dilemma. Please can you tell me what was the allowance for?

Ben Jones and 2 other Law Specialists are ready to help you
Customer: replied 12 days ago.
For answering the phone at weekend in case of any work related problems.
Customer: replied 12 days ago.
Will i get a phone call as i've paid £44
Customer: replied 12 days ago.
Will you be available to phone me today?

Hi there. 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 fulfill 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.

In the meantime, thank you for providing the information requested. 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.

Many thanks for your patience, I am pleased to be able to continue assisting with your query now. If the allowance was guaranteed and consistently paid to you then it should indeed be included in your weekly wage calculations, which would bump it up by around £50 a week. However, that is only going to be relevant if your weekly wage so far is below the statutory limit of £538 which is the maximum that can be taken into account for your redundancy pay calculations. If it is already above that, then the allowance will make no difference to your statutory redundancy payment.

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.
My weekly pay was £750 and my redundancy was calculated as 38x £750. So you are saying that my employee has the right not to include my allowance in there summing up?

Did your contract specifically mention anything about how enhanced redundancy is calculated?

Customer: replied 12 days ago.
No but my employee said they didn't have to include my allowance because they paid enhanced terms ie 2x weekly salary every year i was employed as opposed to 1.5x.

Ok thanks. They are pretty much correct because they are already paying you more than the statutory limit so what they include above that is up to them. Had they only paid you within the statutory limits then you could have certainly argued for that amount to be included, but not when they are paying you a discretionary payment over and above what you are already entitled to by law.

I appreciate this may not be the answer you were hoping for but it is the legal position and all I can tell you is what the law says. I do hope that it at least explains where you stand and I will be happy to clarify anything for you in relation to it. For now, thank you for using our service.