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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 78647
Experience:  Qualified Solicitor
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I recently found out, I am at risk of redundancy, which was

Customer Question

Hi,
I recently found out , I am at risk of redundancy, which was a shock, but what was more of a shock was that I heard last week of word of mouth, they changed the redundancy compensation last year to a greatly reduced amount. I was really shocked
I was not aware of this change, and don't recall any email with the subject about this, this announcement could have been buried in an email, I have not read deleted or deleted.
My last awareness of the redundancy package was when I was in a similar position about 8 years and this was communicated officially to me in my redundancy letter, so that's what I thought I should be getting based off of that policy.
My issue here is my company is a large one, and we have a workday portal where they could have got confirmation and acknowledgment from me they had communicated this significant change in the best way possible.
I also had a job oppotunity 2 months back, the one of thing that made me stay, was the fact we had a good redundancy package, when unknown to me it had been changed, ,if I had known then what I know now , I would have taken that opportunity and feel let down, I feel I was working under false pretences.
Can I challenge the fact they still should give me the original package because as I have not seen or been told this from any of my managers, about this change, in any official acknowledged capacity, thank you?
JA: Where are you? It matters because laws vary by location.
Customer: UK
JA: What steps have you taken so far?
Customer: What I wrote
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: No thanks
Submitted: 11 days ago.
Category: Law
Expert:  Ben Jones replied 11 days ago.
Hello, I’m Ben, a solicitor, and it’s my pleasure to assist you. I may ask for some preliminary information to help me determine the legal position.
Customer: replied 11 days ago.
sure
Expert:  Ben Jones replied 11 days ago.

I understand your role is at risk of redundancy and you are wanting to know whether you can challenge your employer to offer you the company's original redundancy package, which has been reduced in the last year. How long have you actually worked for this employer please?

Customer: replied 11 days ago.
31 years
Expert:  Ben Jones replied 11 days ago.

Thank you, ***** ***** your company's HR provided you with details of any notification that was sent out regarding the reduced package?

Customer: replied 11 days ago.
No, not yet ,I was told word of mouth, this may been in an email, I don't recall reading or seeing such an email
Expert:  Ben Jones replied 11 days ago.

I see, and are you able to ask your HR if they informed all employees of the change at all?

Customer: replied 11 days ago.
My Job is at risk of redundancy , but yet it is still to be confirmed, so haven't had any discussion with HR yet about anything .., I could still find this info out , if they said they sent an email, which could be easily missed, would I have no chance of challenging it?
Customer: replied 11 days ago.
For example if the subject didn't;t even contain any wording relating to such a change
Customer: replied 11 days ago.
I found out some people were notified at work company meetings, these were from people who work from the factory floor, but I work from home, for something so important, should they not of had some official acknowledgement from me I have been made aware of such a change?
Expert:  Ben Jones replied 11 days ago.

OK I understand and 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 full reply on here; usually the same day and the system will notify you when this happens.

I should also make you aware that this is not always an instant service, due to various legal engagements I could have and I may not be able to reply immediately. However, rest assured that I will be dealing with your query and will get back to you as soon as I can. Thanks.

Customer: replied 11 days ago.
Thank you, ***** *****
Expert:  Ben Jones replied 11 days ago.

No problem at all. I will get back to you at the earliest opportunity. Many thanks

Expert:  Ben Jones replied 10 days ago.

Many thanks for your patience, it is appreciated. I am now pleased to be able to provide further assistance with your query. First of all, I am sorry to hear about the issues brought up by this. It must be a frustrating situation to be going through.

The starting point is that when an employee is made redundant by their employer, they will have a minimum entitlement to receive certain payments. These are as follows:

- Notice pay for their contractual notice period, which must be at least as long as their statutory entitlement (1 week’s notice for every full year of continuous service, up to a maximum of 12 weeks). The employer would either have to allow the employee to work that notice period and pay them as normal, or they can decide to pay them in lieu of notice. That is when they are paid for the equivalent of the notice period but their employment is terminated immediately and they are not expected to work through their notice period.

- Statutory redundancy pay, which you can calculate here: https://www.gov.uk/calculate-your-redundancy-pay

- Holiday pay for accrued, but untaken holidays in the current holiday year

Any enhanced redundancy payments are not a legal requirement and would be at the employer’s discretion. They would only be obliged to pay these if they were a contractual benefit, which basically means it was stated in your contract of employment and clearly something that was guaranteed to you in the event of redundancy. If it was not a contractual benefit and paid at the employer’s discretion, they could have withdrawn it at any time, even without notifying you – doing so would have only been an ethical issue, rather than a legal one.

So unless the enhanced redundancy was a contractually guaranteed benefit, you would not have had a right to it in the first place and it would have only been payable at the employer’s discretion.

Expert:  Ben Jones replied 10 days ago.

I fully appreciate that this may not be the answer you were hoping for, however it is the legal position. Should you need any further clarification, I will be more than happy to discuss things further with you. Thank you

Expert:  Ben Jones replied 10 days ago.

I trust that everything has now been dealt with to your satisfaction and your original question has been resolved. If you have any further queries about it, please do not hesitate to get back to me on here. In the meantime, I wish you all the best.

Customer: replied 10 days ago.
Thank you for your clear prompt answer, much appreciated
Expert:  Ben Jones replied 9 days ago.

My pleasure