Employer won't give a final figure

RDG1982

Hi there

I work for Tesco, and have taken voluntary redundancy. However they will not provide me with a final settlement figure? I have asked HR twice and my store manager to get one for me. They say it can't be done and all they can do is tell me how many weeks I'm entitled to.

I looked on Direct Gov and it says...
A redundant employee also has the right to a written statement setting out the amount of redundancy payment and how you worked it out.

So I put this link in an email to HR and the response I got is:
"Thank you for the link you sent… I forwarded on and had clarification that what the government site refers to is the last payslip you will receive with the figure on it. This was confirmed by the company solicitors"

So basically I have to wait until payday and my payslip to see how much Tesco think they should pay me, compared to what I have worked out.
Then what? If I disagree, dispute it after my pay out?

RDG1982

Can anybody help?

alewin

RDG1982 wrote: »

I looked on Direct Gov and it says...
A redundant employee also has the right to a written statement setting out the amount of redundancy payment and how you worked it out.

Are you saying that you expect Tesco to pay you a settlement, redundancy pay for leaving?

I thought that you were offered a settlement for being made redundant by the company, as a compensation, i.e redundancy money.
You are not being made redundant, you can't just say you are leaving and expect them to pay you for it.

I would have thought that you would just receive your final month's salary, which should include a payment for any holiday pay accrued that you have not taken.

Were you offered voluntary redundancy?

k3lvc

OK - process at my company would be


Register for interest in VR
Management acceptance of application
Access to HR tool to calculate payout based on leaving date
Negotiation
Acceptance in writing
Leave


Are you sure you've been accepted for VR ? How can you have made the decision to accept without the numbers ?

RDG1982

Hello

Yep I took Voluntary redundancy. I have it in writing. I was officially made redundant on on 07.08.17. My redundancy pay will be paid on the company's payday which is this Friday. (I did try to also argue that you're meant to be paid out as soon as you're redundant or as near to) I have not had a single figure from Tesco. I know how many weeks I am entitled to with company and statutory pay and i get 1 months paid notice. I have been told to basically work it out myself on my last 3 payslip before I went on maternity.
Tesco are absolutely awful with any legal processes.
As you can see on their reply to me I will see how much redundancy I will get on my payslip?!!!

RDG1982

Sorry! Re reading that I wasn't clear.
Yes big restructure at Tesco. 40 employees in my store alone. I took Voluntary redundancy.
They are steadfast will not give me a figure before they pay me on Friday.

k3lvc

So you've made a decison for VR on the basis of statutory minimum or some other agreement ? What are you going to do if your expectations don't match with what they pay you ?

RDG1982

Well this is my point. Tesco is so big and so full of red tape. There is no one to help us there. HR are beyond useless. They have this one guy that they go to. They won't even give us his surname. I have asked three times for the figure they have calculated but according to the company solicitors they don't have to do that. I have worked out what I think my payment should be but absolutely nobody will tell me what Tesco have calculated.
I had my 30 day consultation period. I decided at the end that I still want to take VR. I asked AGAIN for the settlement figure and just keep being told they can't provide it. No one in Tesco even "the legal team" can do this. I can only find out when I get my redundancy pay on payday.
I just don't see how this is right but it's like banging your head on a brick wall
If I disagree do i dispute it after my payment? I don't see how that will work either.

RDG1982

I just don't know where I stand in demanding this. I have nothing apart from what I found on direct gov.
I've not signed anything in agreeing to the sum that I will be paid. Just the weeks that it wi

Undervalued

RDG1982 wrote: »

Sorry! Re reading that I wasn't clear.
Yes big restructure at Tesco. 40 employees in my store alone. I took Voluntary redundancy.
They are steadfast will not give me a figure before they pay me on Friday.

You keep saying that and I know it is a commonly used phrase but, technically, there is no such thing!

If your job is genuinely redundant then you have no say in the matter. They can lawfully make you redundant just by paying your contractual notice plus redundancy pay as specified by the government.

Anything else is a mutually agreed separation. The terms are whatever was offered and agreed.

What may have happened here is they said "hands up those who would like to leave and get a payout as if you were redundant". You accepted the offer. Technically you should have received independent legal advice, either from a solicitor or a specially trained trades union rep. Did you?

sangie595

Undervalued wrote: »

You keep saying that and I know it is a commonly used phrase but, technically, there is no such thing!

If your job is genuinely redundant then you have no say in the matter. They can lawfully make you redundant just by paying your contractual notice plus redundancy pay as specified by the government.

Anything else is a mutually agreed separation. The terms are whatever was offered and agreed.

What may have happened here is they said "hands up those who would like to leave and get a payout as if you were redundant". You accepted the offer. Technically you should have received independent legal advice, either from a solicitor or a specially trained trades union rep. Did you?

No, they shouldn't. A mutually agreed termination is not the same thing as a settlement agreement - only a settlement agreement needs independent legal advice.


But otherwise I agree - this is between the employer and the employee and the law has no bearing on it, and since it is not legally a redundancy then the laws around redundancy do not apply.