Severance package

cmaza

Hi,
I hope this is the right forum for this.
I have been offered a severance package from my employer last week. My employer has stated that the offer is valid for 10 days whilst I have the necessary legal discussions with my solicitor. The government has now announced a new lockdown until December and I will therefore not be able to review the package with my solicitor until after lockdown.
Is it reasonable for me to request (or even expect) for these negotiations to be put on hold until after the lockdown?
I hope I have explained my question well enough.
Regards
Cmaza

Jeremy535897

Has your solicitor said they are closing? If not, you could email the package and discuss it via Skype etc.

68ComebackSpecial

From personal experience, and anecdotal posts on this forum, solicitors are still operating, albeit remotely. If your solicitor can't assist you then you should contact others as it is entirely achievable.

MattMattMattUK

Not really reasonable no, that will involve them paying you for another month whilst waiting and there is no need to have the discussion with a solicitor in person.

macman

Why would your solicitor not be working? 

Grumpy_chap

Contact your Solicitor by phone, e-mail, zoom.

Thrugelmir

Presumably this part of an ongoing employment related matter. The company is within it's rights to retract the offer. Unsure why there's a need to meet your solicitor. 

cmaza

Hi thanks for the replies.
I do not want to be made redundant but the implication is that I will be made redundant if I do not take the package. This is the second package they have offered since I rejected the first.

The company is a consultancy and feels they do not have any work for me and with the economic pressure feel it's better we part.

As is the nature of a consultancy, job opportunities are always coming and going.

Is it reasonable to approach the company to pause these negotiations during the lockdown as the pressure has been eased on them by the extension of the furlough scheme. In that time further job opportunities may arise. 

If the company reject my suggestion to pause negotiations until lockdown has passed, will I have a suitable case for unfair dismissal?

Regards

Jeremy535897

If they make you redundant, pay what they are obliged to pay (the higher of statutory or contractual redundancy, notice etc), your role is genuinely redundant, and they have followed the appropriate process, you are not being unfairly dismissed. Furlough costs them some money, but there may be some opportunity to negotiate. That depends on your employer. 

MattMattMattUK

cmaza said:

Is it reasonable to approach the company to pause these negotiations during the lockdown as the pressure has been eased on them by the extension of the furlough scheme.

No it is not reasonable, any negotiations and/or consultations with solicitors can be conducted remotely. 

cmaza said:

If the company reject my suggestion to pause negotiations until lockdown has passed, will I have a suitable case for unfair dismissal?

No, it would not be unfair dismissal. There is no reason why the negotiations could not be conducted remotely so no reason for a delay/pause.

From their view it looks like you are just trying to drag it out to get an extra month's pay. They have offered you a severance package, which is likely over what they are contractually and legally obliged to offer you, their default position, as you point out would be the standard redundancy, which would likely be a worse option.