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Ross Miller
Ross Miller,
Category: Law
Satisfied Customers: 2229
Experience:  Director (Litigation and Mediation) at Hilltop Solutions
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I would like to connect to an employment lawyer. I am under

Customer Question

Hi, I would like to connect to an employment lawyer. I am under risk for my employment due to reorg. and been presented a statutatory and non-statutatory redundancy package. I think the evaluation matrix on which basis I was chosen is not in accordance to my performance matrix, and would like to look into means to asking for more money
JA: Have you discussed this with a manager or HR? Or with a lawyer?
Customer: Not yet
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: A full time employee, 4yrs ,and 7 months
JA: Anything else you want the Lawyer to know before I connect you?
Customer: AT&T likely undergone Work council discussions as redundancies were announced will forego in wavew
Submitted: 8 days ago.
Category: Law
Expert:  Ross Miller replied 8 days ago.

Hello I will be the expert assisting you with this matter today.

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I would be greatly appreciative if you could use the 5 stars to rate my advice once I have provided it you.

Thank you

Expert:  Ross Miller replied 8 days ago.

Thank you for your question. If you are looking to increase the amount of redundancy you are getting from you employer then in reality this just comes down to a negotiation between you and your employer. From a legal perspective, and given your length of employment your employer is only legally required to give you 4 weeks payment for redundancy plus your notice period any unpaid holiday you are due. As this is all they are required to give you by law, anything you are given on top of this will either be contractual by way of agreement or a negotiation. Therefore, legally you cannot force the employer to give you any more using UK law or statute. However, you can, of course, state your position and reasoning to your employer and ask for an increased package. I hope this information has been informative.

I would be obliged if you could Click the 5 stars at the top of the webpage (this will not cost any extra). This will tell the website that I have responded to your question, you can, of course, continue to ask any follow up questions free of charge. I won’t be recognised for my response by the website if there is no rating left for me.

Many Thanks

Customer: replied 8 days ago.
Could you please clarify something for me. I have as a notice period 3 months from either side in my contract, with the following notes: The company, at its absolute discretion, may terminate your employment, with immediate effect, giving you written notice and paying you basic salary at the rate applicable at the date of your employement,ends in lieu of your notice entitlement, or a remainder of your notice entitlement will be calculated in hours, using the Employee handbook. Are you saying that I will be paid 3 months notice + statutatory redundancy + non-statutatory redundancy. OR is the package a replacement for the 3 months notice period
Expert:  Ross Miller replied 8 days ago.

Yes, if you are made redundant then they have to pay you notice (if they don't want you to work it) on top of the redundancy payment. Therefore, if you have a three month notice period and they don't want you to work it then they will have to pay you for 3 months and your redundancy payment along with any unused holiday entitlement.

I would be obliged if you could Click the 5 stars at the top of the webpage (this will not cost any extra). This will tell the website that I have responded to your question, you can, of course, continue to ask any follow up questions free of charge. I won’t be paid for my time from the website if there is no rating left for me.

Many Thanks

Customer: replied 8 days ago.
Is it worth, in your experience, to probe the performance matrix on which basis they qualified me out. I believe there is a change to dispute it as it is not in alignment to our standard HR Appraisal processes, and redundancies now happen as a result of reorg. Is it reasonable to expect/suggest more than 3 months notice + holidays+ severance package, taking it as an opening offer? Can you help me understand what points to look at to see whether worthwhile to qualify in/out.
Customer: replied 8 days ago.
AT&T i believe is undergoing phased redundancy rounds in EMEA/UK currently. It laid off 50% of sales staff in APAC and 75.000 in the USA in the past quarter
Customer: replied 8 days ago.
The objective would be to ask for more money. We have been encouraged to look for jobs internally until November, but there are no listings in the UK. Is this not against the procedure for being put at risk for redundancy?
Expert:  Ross Miller replied 8 days ago.

Thank you, ***** ***** said this is entirely open to negotiation for any reason you see fit. From a legal perspective the only way you could "probe" the matrix as you have stated would be if you feel that there was potentially a discriminatory issue involved in the selection process. However, if that is not the case, as I said they only have to pay you what I have outlined, however yo have every right to negotiate with them for a larger redundancy package if you so please.

I would be obliged if you could Click the 5 stars at the top of the webpage (this will not cost any extra). This will tell the website that I have responded to your question, you can, of course, continue to ask any follow up questions free of charge. I won’t be recognised for my response by the website if there is no rating left for me.

Many Thanks