Being asked to quit.

Queen*B_2

I am 54 and have worked full time in my present job for almost 4 years but my bosses have decided that Im 'a bit forgetful' and making mistakes, I also have problems walking atm which they say means that I may need time off in the future. I asked for specifics but was diverted by saying 'we wont got down that road but I'll find some if I have to' and has offered me 'redundancy'. They have offered me the legal requirement redundancy and an extra £1k to leave on Dec 31st. He wants to replace me and says he cant if he legitimately makes me redundant so I can either quit and have the money or they'll fire me and I get nothing. They have already got their solicitors advice and Im sure that if I tried to do them for unfair dismissal they would concoct something. The other 2 people in the office are on min. wage but I was there before them (just after they bought the company) and employed as a manager at a slightly higher rate. Its a very small company (2 directors & 3 office staff) so no option to change dept etc. If I take the money (nearly 3 months wages) will I be able to claim JSA whilst I look for another job? This is making me ill,I feel sick and want to cry all the time.Please point me in the right direction.

Brummagem_Bertie

Sorry to hear about your problems Queen*B. Your employer sounds like a charmer, especially given their timing. :mad:

First things first - go to see your GP. When the situation is making you ill, you need help, as I know from experience.

In terms of where to go for advice, it is possible that being made redundant will affect your entitlement to benefits. Try to get an appointment with your local Citizens Advice Bureaux (CAB - if you have one) and/or speak to the Advisory, Conciliation and Arbitration Service (ACAS).

You can find info in the CAB's advice guides, on their website, and on gov.uk, which has contact details for ACAS. (Sorry, as a newbie myself, I can't post links yet.)

If you are made redundant there is a special team at the Job Centre, depending on where you live - in England it's called the Rapid Response Service, I believe.

If your employer has taken legal advice from their solicitors, you may be asked to sign a Compromise Agreement. This is a legal document which prevents you from taking action against your employer later, e.g. for unfair dismissal. If this is put to you, your employer should pay for you to get your own legal advice on it - make sure that they do. Make sure that there is a provision in there for a good reference; you can even agree one. Again, this is something that ACAS can explain more.

Good luck.

lemontart

defo go gp I had similar symptoms at about 3/4 years ago and ignored them now medically retired and confirmed with M.E. amongst other things. Do not quit at this stage

Queen*B_2

Thank you for coming back to me, I seem to recall something about a Compromise Agreement, I'll look into it. I couldnt really take everything in, like you say, great timing! As it wont be a real redundancy I dont know if I'll be entitled to any benefits so I'll try to see the the CAB but they want an answer tomorrow to get everything done for me to leave after xmas. I may have a bad memory (hypothyroidism) but Ive not done anything that cost the company money (their bottom line) and I often spot and correct mistakes made by my colleagues so Im not sure where all this has come from.

anamenottaken

How many complete years have you been employed by this company?
You mention having almost 4 years' service in your current job but have you worked in any other role with the company?
So - what was the start date for your employment with this company?

Statutory redundancy pay isn't very much. How much are they actually offering (exclusive of the £1K)?

If you resigned, you would likely be sanctioned (in the negative sense of the word) and not receive JSA.
If you were dismissed through no fault of your own, then you should be able to claim JSA immediately but that could depend a little on what the company said about the reason for your dismissal.

Queen*B_2

Hi anamenottaken, I will have been there 4 years mid January. Theyve worked it out at 3yrs x 1.5 weeks = 4.5 weeks wages plus 1 months notice. This will be tax free. Again, Im not sure if this will be officially resignation or redundancy. I will try and get a straight answer tomorrow but hes a salesman through & through so can talk BS for hours but tell you nothing.

anamenottaken

Queen*B wrote: »

Hi anamenottaken, I will have been there 4 years mid January. Theyve worked it out at 3yrs x 1.5 weeks = 4.5 weeks wages plus 1 months notice. This will be tax free. Again, Im not sure if this will be officially resignation or redundancy. I will try and get a straight answer tomorrow but hes a salesman through & through so can talk BS for hours but tell you nothing.

I'd be surprised if all of that was tax free - would have expected notice pay to be taxed as it would be due under your contract. I'm not a specialist on that though.

If there is to be a compromise agreement then you need independent legal advice. Ask them what they propose paying for you to receive this.

Marktheshark

How well do you know what they do ?
Could you set up on your own doing the same.

getmore4less

When you say mid Jan exactly when is that.

Statutory redundancy would be based on a date that includes the 3 weeks statutory notice from the date they give notice, if they tried to make you redundant.

I think given it is so close you should be looking at least 4weeks * 1.5 + notice + compensation.

What is your sick pay situation.

Don't forget holidays they need to pay accrued not used.

Any foundation in the claim you are not up to the job

Hippo

Queen*B wrote: »

Hi anamenottaken, I will have been there 4 years mid January. Theyve worked it out at 3yrs x 1.5 weeks = 4.5 weeks wages plus 1 months notice. This will be tax free. Again, Im not sure if this will be officially resignation or redundancy. I will try and get a straight answer tomorrow but hes a salesman through & through so can talk BS for hours but tell you nothing.

As you're > 40 then it's 1.5 weeks for every complete year, but they can cap this at £464 per week (if you earn more than that).


Would your contracted notice period take you to 4 years service? If so then it will 4 x 1.5 tax free.


Holidays and benefits must also be given for the notice period. Expect to pay on this, and your notice pay.


On top of all this you should receive payment for "resigning", generally speaking I would expect the same again as a tax free payment.


Also ask for up to £500 towards any legal fees

getmore4less

Hippo wrote: »

Would your contracted notice period take you to 4 years service? If so then it will 4 x 1.5 tax free.

The service for redundancy is based on the later of date given notice + statutory notice OR the termination date.