Voluntary Redudancy Offer now reduced - My rights?

Sanddunelass

Hi,

Some months ago i formally accepted an offer in return for taking voluntary redundancy from the public sector.

The effective date would be 31/12/2011.

I received a letter this week saying that the department had made an error in their calculations and my offer would now have to be reduced by over 2K (about 4.4%). T error his was due to them not accounting for the fact i was on unpaid leave when i was in receipt of SMP. A six month period during the 12 months mat leave i took.

They have given me the chance to return to work and withdraw from the scheme. I would have to return before 31/12/2011. I have been on carer's leave for the past 2 and half years looking after disabled parents and my daughter. Coming back so soon is not an option.

I am really dissapointed that they could make such a stupid error, that they have only just disovered the error and that i have to just accept it.

Does anyone know if i can appeal and on what grounds?

Any advice appreciated, Thanks

geoffken

Jesus.
You do not know how lucky you are in public sector.
30 months with sick leave and now a £40000 pay off.
Snap their hand off before they withdraw it!!!!!

Jarndyce

Appeal against what? They have clarified your entitlement. It sounds like you would have accepted the deal if they had got it right in the first place. If not, they are quite reasonably offering you the chance to reverse your decision.

VR is not an entitlement, it is purely at the employer's behest. I normally stick up for public sector workers but you are not helping their cause! You have a simple choice - take the money, correctly calculated, or stay.

Acc72

Also, don't forget that as "only" the first £30k is tax free, you are not losing out by £2,000 as this would be taxable.


Geofken - I also did the calculation and worked out the gross payment of £45k - I thought I must have pressed the wrong button on my calculator and worked it out again a few more times to make sure I was correct !

getmore4less

don't forget if the OP is on unpaid carers leave the personal allowance also kicks in if no other taxable income/benifits.

but that is still not enought to make the £2k drop part of non taxable redundancy.



Bottom line is .

Would you have rejected the offer if it had been correct?

geoffken

Sorry for poor calculations as I tried it mentally using 5%.
How many private employers would give 30 months sick leave.
I bet you would be out the door after 15 months maximum without your £40,000/£45,000 pay off

mousemat5

With great respect to posters the op was asking for advice about what to do rather than be abused or maligned. I am very sympathetic to him/her because the exact same thing has just happened to me only on a slightly bigger foul up scale.

My offer (again in the public sector) has been reduced by 35%. I left a week ago and had planned to pay my mortgage off and just relax/chill. I gave all the information asked for but, similar to the op's experience, unpaid leave has been added which was not accounted for in the original calculation. I must underscore that I advised HRof all the information requested and consider that it is down to them to check their records...

At this stage they have not said anything about offering to let me come back if I don't like the new offer. So please, does anybody actually know what my rights are. I left believing that I would get £x, instead I am getting £13/20x - unlike op (sorry if I have read it wrong) - I would not have accepted this if offered initially. Any ideas please?

Hotspur

Sandunelass,

Will you be getting redundancy pay, lump sum and have access to your pension?

ASFIK the employer can withdraw the offer at any time up until the day of redundancy and also have to follow the correct procedure for calculating any payment. In this instance they have spotted an error in the calculation and informed you of this and offered you to continue in employment, I assume due to their error. It seems quite a reasonable stance by the employer. The decision is yours but I would consider if remaining in employment would be more beneficial for your future working life (if circumstances change) or if taking the money now will meet your needs. TBH, if it was me, £2000 wouldn't be a deal breaker.

If you are in a union then you may wish to consult them.

vax2002

You would have been down the road on day 3 of your two years paid leave in any private employment.
To be honest I am amazed you have the brass neck to complain when everyone else is licking it from the pavement...

Waiter my champaign is too cold, as you sail by the swimmers....

getmore4less

You have allready left?

Should have raised it immediately that this is not what you agreed to you so you want reinstating in post.

What have they said.

Hotspur

mousemat5 wrote: »

With great respect to posters the op was asking for advice about what to do rather than be abused or maligned. I am very sympathetic to him/her because the exact same thing has just happened to me only on a slightly bigger foul up scale.

My offer (again in the public sector) has been reduced by 35%. I left a week ago and had planned to pay my mortgage off and just relax/chill. I gave all the information asked for but, similar to the op's experience, unpaid leave has been added which was not accounted for in the original calculation. I must underscore that I advised HRof all the information requested and consider that it is down to them to check their records...

At this stage they have not said anything about offering to let me come back if I don't like the new offer. So please, does anybody actually know what my rights are. I left believing that I would get £x, instead I am getting £13/20x - unlike op (sorry if I have read it wrong) - I would not have accepted this if offered initially. Any ideas please?

I assume you were informed of the reduced entitlement after leaving and also that redundancy documents stating the better terms have been signed.

I'm not a lawyer but I would think that as you have left you would have a good claim against the employer as your decision to take redundancy was made based on correct information provided and their response. Consequently they may be considered to have been negligent in providing you with incorrect information an d if that is true you would be entitled to compensation.