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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.
I am sorry to hear of your dilemma. Please can you tell me what was the allowance for?
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.
Did your contract specifically mention anything about how enhanced redundancy is calculated?
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.