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Being asked to quit.

2

Comments

  • Hippo wrote: »
    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
    If they paid PILON then no they wouldn't pay the extra years redundancy.
    Unused holidays to be paid
    Your expectations are very general indeed.
    Average costs towards legal fees I believe is around £250, £500 is pushing it but no harm in asking.
    Don't trust a forum for advice. Get proper paid advice. Any advice given should always be checked
  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    If they paid PILON then no they wouldn't pay the extra years redundancy.

    For full PILON it would be date of notice + 3 weeks for service for redundancy.
  • mgdavid
    mgdavid Posts: 6,710 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    If they've offered you £1k on top as a sweetener to 'go quietly' then that's a giveaway that they don't really want to go down the dismissal path and risk you going to a tribunal. Therefore you have a bargaining hand - go back and ask for the 4 years redundancy period (as others have explained already) plus £2.5k. Haggle a bit and settle for £2k maybe?
    The questions that get the best answers are the questions that give most detail....
  • SW17
    SW17 Posts: 872 Forumite
    Tenth Anniversary 500 Posts Name Dropper Combo Breaker
    Queen*B wrote: »
    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

    Small point, but if you are given such an agreement, it should now say Settlement Agreement, they are not called Compromise Agreements anymore (though people still use the term as the change was fairly recent). It's the same thing though, just didn't want you to be confused if you see this term. As mentioned above, get legal advice in this event. Good luck.
  • I would also add that in terms of the compensation element on top of any statutory redundancy payment, when I was involved in compromise agreements it was common to look at what the employer would have to pay in compensation if a claim for unfair dismissal was successful at tribunal.

    You would then pitch a settlement somewhere in the middle of the max award at tribunal and the basic statutory redundancy payment, depending on how strong a claim for unfair dismissal you would have.

    If your employer has taken legal advice I wouldn't mind betting that his solicitors have said something to this effect, hence the offer of an extra £1k. That's usually an opening offer and the employer will normally go higher, but that does depend on how much of a piece of work yours is and how much you feel prepared/able to push it.
    Whatever you do, do it safely.
  • Are they legally allowed to do this? Isn't it ageism or something?!

    Either way, they sould like a right shower. Good luck OP, hope all turns out well. x
  • missile
    missile Posts: 11,793 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Sorry to hear your problems.


    I would agree you are not being treated fairly and may have grounds for constructive dismissal. However even if you did win, I would suggest it is unlikely that your award would be much more than they have offered. Do you want that hassle?


    Try to be positive and look to the future;
    1. Do you really want to work where you are not wanted?
    2. Make it a condition of severance that you are given a written reference which highlights the good service you have given during your four years employment.
    "A nation's greatness is measured by how it treats its weakest members." ~ Mahatma Gandhi
    Ride hard or stay home :iloveyou:
  • patman99
    patman99 Posts: 8,532 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker Photogenic
    Queen*B has your GP diagnosed you with any kind of physical or mental disability ?.

    If not, might be worth getting an appointment pronto. If he can say from your symptoms that you do indeed have a disability, then you have the protection of the Equality Act behind you should they attempt to fire you (you would of course, have to let them know ASAP if you are diagnosed).

    Whatever you do, do not go without a fight.
    Never Knowingly Understood.

    Member #1 of £1,000 challenge - £13.74/ £1000 (that's 1.374%)

    3-6 month EF £0/£3600 (that's 0 days worth)

  • JDills
    JDills Posts: 113 Forumite
    Sorry to hear it, I would do as the above! If you are sick then it cant be a reason to make you redundant. I would do as those lovely people above suggested go to your gp, get a doctors note, then go here they will also offer you advice! https://www.gov.uk/dismissal/unfair-and-constructive-dismissal

    This sort of stuff makes my blood boil, I had the same situation when I didn't get on with one of my directors, and ended up with extra as I contacted a solicitor and we ended up doing a compromise agreement.

    I wish you all the luck in the world, and don't let this ruin your Christmas! There is more to life then worrying about !!!**le companies.
  • Maybe you should get some advice from a union they can also attend meeting with you and are very helpful.
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