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I have received a letter confirming that I am at risk of…

I have received a letter...
I have received a letter confirming that I am at risk of redundancy. I have prepared a draft response and have the second of my three individual meetings tomorrow at 4 p.m. There is no suitable alternative role and I am satisfied that the redundancy will go ahead as my role has been outsourced to the US. I have been offered statutory redundancy (untaxed I believe) and three months' PILON, which will be taxed. I have been one of the best employees at Cleary and never received a negative review and always received bonuses when others have not. I feel unjustly treated because the length of service is capped at 20 years. So, I am getting the same package as a less-efficient worker and one who may only have worked for 20 years. I was also offered an enhanced package back in 2012 when they were also cutting costs. I need someone to check my draft response and see whether it is ok to send.
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Answered in 9 minutes by:
8/10/2017
Ben Jones
Ben Jones, UK Lawyer
Category: UK Law
Satisfied Customers: 50,943
Experience: Qualified Solicitor
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Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

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So how long have you worked for this employer all in all?

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Customer reply replied 11 months ago
Apologies for the delay. The e-mail went into my spam folder. I have worked at Cleary for 27 years, commencing in November 1989.
Customer reply replied 11 months ago
You can call me on my mobile - I couldn't enter the digits correctly in the space provided. My number is ***** 176740

No problem at all and thank you for your response. Leave it with me for now and I will review the relevant information and laws and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Also, please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you.

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Customer reply replied 11 months ago
Are you available to keep chatting online. I presume I won't be charged as no phone call made.
Customer reply replied 11 months ago
I can send you a copy of the letter I've received regarding the situation of being at risk of redundancy and the redundancy pay offered, as well as the original contract of employment and the enhanced package that was on offer back in 2012. I also have a letter written by one of my colleagues outlining what life was like to work at Cleary, particularly in the early years!! My grievance is that I am being offered the same as some employees who worked for 20 years and, who are being made redundant because they did not succeed in the scoring matrix. This scoring matrix was not implemented for the evening document production specialists as our role will be outsourced to the U.S. and no suitable alternative role was offered.
Customer reply replied 11 months ago
I have a meeting tomorrow at 4pm so would like to have an answer today.

Yes, please do send me a copy of the letter and I will aim to get back to you at the earliest opportunity. Many thanks

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And just to confirm is your main grievance the fact that the statutory redundancy pay is capped at 20 years?

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Customer reply replied 11 months ago
the fact that in 2012, we were offered an enhanced package of nine months plus three months' PILON. I do realise that this was for voluntary redundancy but I do know that sometimes, when people are offered redundancy packages, some just accept them without questioning and others have managed to get a little more!!! I am aggrieved that someone who has worked for 20 years and, actually, who failed the scoring matrix, is getting the same redundancy pay. I was not made redundant because I could not do my job, I was made redundant simply because the document production work is going to be outsourced to the US as a cost-cutting exercise. This was the same situation in 2012, again for cost-cutting but we only had to decrease the total amount of hours by approximately 47% at that time. Maybe I could ask for an increased redundancy payment that would equate to the tax I shall have to pay on the PILON.

Thank you. I am afraid there are no legal grounds to challenge this in the circumstances. The statutory redundancy cap is set by law - there is absolutely nothing the employer can do in relation to this. It is not their choice that you are capped at 20 years for redundancy payments and they are only following the law.

As to the enhanced packages offered in the past, as you have identified these were offered for VRs, and even if they were not, just because they have been offered in the past does not mean they are now a guarantee for all future redundancies. Unless you have an enhanced redundancy package entitlement under contract you cannot expect one to be offered by the employer and this would be done voluntarily if they see fit.

Sadly there is nothing illegal in two employees, one who has worked for 20 years and one who has worked for 40 years, to get the exact same payout in a redundancy situation. That is the current law and the employer is not doing anything wrong by following it, even if it appears unfair.

There is of course nothing stopping you from asking for more and negotiating with them but if they really wanted to they can stick to the statutory redundancy entitlement and that cannot be challenged because it is the law.

I'm sorry if this is not necessarily the answer you were hoping for, however I do have a duty to be honest and explain the actual legal position. This does mean delivering bad news from time to time. I hope you understand and would be happy to provide any further clarification if needed. If you are still satisfied with the level of service I have provided regardless of the contents of the answer, I would be grateful if you could please take a second to leave a positive rating by selecting 3, 4 or 5 stars above. Thank you

Ben Jones
Ben Jones, UK Lawyer
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Customer reply replied 11 months ago
Thanks for that. It is what I was expecting. I shall try and negotiate anyway.

you are welcome and best of luck!

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