Statutory - appeal based on previous payouts

colinwebb

Hello,
we have been told recently that we are being made redundant and we are being offered Statutory Redundancy.

Two questions:

(1) My leaving date is going to be end of October will I be entitled to £350 or £380 as part of my statutory redundancy?

(2) The company has made 10 employess redundant over the past two years. Each one of these employees have been offered an enhanced redundany package - ie above statutory eventhough it states in the company handbook that company policy is to offer statutory redundancy. Have I got a case to appeal on the grounds that the company have set a precent in the past by offering more that statutory?

Pete111

You can try but I suspect the company will cite the prevailing economic conditions as an objectively justifiable reason to not do this which may well be deemed acceptable. If there is no written policy for enhanced pay its a bit of a long shot in the current environment but that is not to say it is not worth an ask or even a quick chat with ACAS to confirm

Re the £350/£380 question. You would be due the higher rate on all statutory redundancy (as long as your weekly pay is at least £380) as this comes in on 1st Oct 09.

getmore4less

To establish custom and practice can be difficult.

I found one tribunal case
where it was upheld and the ruling outlined an number of factors.

I think the key ones were

It happened a number of times and was the same payout every time

it was common knowledge(eg announced in a company meeting not just with the people effected) so kame to be expected

It had been negotiated so there was a records of the negotiation allthough I think the previous 2 reasons were enough.

Try search for it I don't have the link handy
start with keywords :tribunal upheld custom and practice

If the enhanced packages were offered through comprimise agreements it will be even harder to show custom and practice.