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How To Ensure You Get Your Full Redundancy Entitlement

Don't be nervous when interviewing - specialize and go with confidence!

Don’t be nervous when interviewing - specialize and go with confidence!

If you are in the unfortunate position of being made redundant the n you may find everything a bit of a shock. However, it is important to make sure that you have been given the amount of money that you are entitled to.

If you have been working for the employer for a short period of time then you will not be entitled to redundancy pay. Also certain jobs do not qualify. So if you are a civil servant, public official, foreign government employee, share fisherman or working abroad then you will not qualify. You also need to have been in a job for at least two years.

One further condition is that you will need to have not turned down an alternative job that was offered to you.

You only have six months form being made redundant to claim any money you feel is due to you. This means that you need to make a claim quickly. Once you make the claim you may need to wait for up to a year for it to be heard by an Employment Tribunal.

There is normally no need for this though as most employers will pay the correct entitlement. It is possible to use a redundancy calculator to find out how much you are owed as it can be quite complicated. You will get 1.5 weeks pay for every year worked when over age 41 and 1 weeks pay for each year worked from 22-41 and 0.5 weeks worked for every year under age 22. This only covers the last twenty years of work. There is also a cap on it so a ‘weeks pay’ cannot go above £400. This is the legal minimum amount and employers may have a system where they will pay more than this. You will be able to find out details of this in your contract or on their website and should be able to calculate it, should you wish to. It is worth checking this out just in case they try to offer you the minimum as you could ask for more.

It is possible that a company may present a compromise agreement when they issue redundancy. This is a legal document which will stop the employee being able to take any legal action once the redundancy money has been paid. It is wise to ask a solicitor to look at the document for you to ensure that everything looks fair. Some employers may insist that you do get a solicitor involved. The redundancy pay should more than cover the cost of the solicitor.

If you feel that you have not been made a fair offer, either in a compromise agreement or in a redundancy offer then you can deal with it in several ways. You could discuss it directly with the company yourself but you may prefer to use a solicitor. A solicitor that specialises in employment law should be able to examine your case and see whether things are fair. If they are not, they will be able to help you to get a fair amount of redundancy.

Mike is a Solicitor who advises people on Legal matters in his own firm. He plays a particular role in marketing and is responsible for strategic decisions.



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