Redundancy settlement adviser in West London?

[whereswaldo]

Hi,
I am being offered a redundancy settlement but don't know where to find a third party adviser. Any recommendations/suggestions?

My company will pay up to £500 for someone.

TIA

[givemeaclue]

You need to go to an employment lawyer.

[whereswaldo]

Thanks. The term adviser is used on all the ACAS info hence why I used it.

As it is fairly straightforward agreement is just goggling good enough or should I try and get a personal recommendation.

[angeltulips]

We send people to sheridans in the west end - Neisha Glynternick and one of her lawyers Amanda Panto are very good. If it's straight forward they should be fine to do it for £500

[angeltulips]

You need them to sign off that they've gone through the redundancy agmt w you and that you understand the implications - that's why the word adviser is used

[angeltulips]

Last thought - ask you company hr if they have a recommendation - if so those lawyers will be familiar with the standard form settlement agmt so you'll get more bang for your buck as they won't have to read from scratch

[whereswaldo]

Angel- I thought it was advisable not to use an employer recommendation is it less of a problem than I think?


Thanks for the helpful Sheridans tip.

[givemeaclue]

Angel, op is not paying for the advice herself.
Your employer will not be able to recommend, googling is fine

[Kewcumber]

In the olden days when I used to know about these things, your employers had to offer to pay a lawyer if they wanted you to sign a compromise agreement because you waive some of your statutory rights and the compromise agreement wasn't valid if you weren;t properly advised. So the £500 is effectviely part of the redundancy package.

Employers solicitors won't handle it - conflict of interest.

[BusinessUnusual]

Kew, you still have to get a lawyer to sign off on it; employers may or may not pay but it's good practice if they do to sort things quickly!

Employer can suggest a list of names provided they don't include the firm they actually used.

OP, I can suggest someone in the Chancery Lane area. Are you happy with the main terms and you just want the agreement checked through?

[angeltulips]

Am not suggesting you use employers sols - but many empers (such as me) have a list of good lawyers we recommend to redundant employees. We don't instruct any of these practitioners for our work (for obvious reasons) but it's generally in an employer's interest to make sure a compromise agreement is done properly so we maintain a list.

[TheReturnoftheSmartArse]

I appreciate this is SW London rather than West, but you could try Belinda, here:

www.sw19lawyers.co.uk/our-team/

2 of my friends have used her for similar issues in the last couple of years and were both more than satisfied with the outcome.

[whereswaldo]

Thanks to all for the advice. I think the terms are pretty good/standard (three months tax free pay + a good reference).

Employers have said they can give me some names if I want but inclined not to.

I don't want to stay and it is very unlikely they will find another role at the same level etc so pretty straight forward I reckon.

One question I have is whether it is worth trying to get more tax free cash in settlement- for what sort of reasons can it be justified?

For background- I ve been with them 7 months and I was employed on a permanent contract as the only person working for a new venture within an established business. The venture has 'failed' and they want to close it down and I imagine minimise further costs.

They should have made it a fixed term contract originally and I would never have applied.

[BusinessUnusual]

What was the notice period in the contract? Did it specify you could be paid in lieu of notice - if so, take advice on the tax position.


Those seem like good terms in outline.

(I'm not a lawyer FYI)

[whereswaldo]

I would get one month pay in lieu of notice (which is subject to the normal taxes) and then the settlement payment on top is 3 months tax free.

Notice period in the contract was 3 months on either side.

[BusinessUnusual]

Ok, you've been there 7 months (so limited right to go to tribunal) , it's a part of the business that's closing down with no alternate jobs obvious (so a genuine redundancy) and your settlement in total is more than your notice period. It sounds reasonable. I'd double check that tax point with a lawyer though (to reiterate - I'm not one!)

[whereswaldo]

Thanks everyone- v helpful..

[whereswaldo]

www.moneyadviceservice.org.uk/en/articles/do-you-have-to-pay-tax-on-your-redundancy-payout

in case anyone else reads this and is interested- this is some info on the tax implications of redundancy settlements

[Kewcumber]

IF notice period is 3 months - I don;t see how they're able to claim that only 1 month is in lieu of notice - unless you're working 2 months and being paid one month with an additional 3 months ex-gratia payment.

(Which, by the way I would say is a very very reasonable payoff for a 7 month employee!)

[BusinessUnusual]

Kew, if she doesn't formally have a PILON clause then I think they can do.

[Kewcumber]

Lordy its been years since I've had to consider PILON clauses! My point was more (assuming a PILON clause) that if her notice period is 3 months and she doesn't work any of it then I don't see that they can justify that only 1 month of her payout is notice and three months is tax free redundancy - wouldn't HMRC just raise and eyebrow and say nice try but 3 months = notice, 1 month = redundancy which would also make more sense for an employee only having worked 7 months rather than the other way around.

I haven't often seen a contract on the last 10 years without a PILON clause if they've been properly drafted

Caveat - also not a lawyer but finance director who's sadly fired more people than I've had jobs myself.

[HermioneWeasley]

Agree with Kew, if your notice period is 3 months and you're not working it, them you need to be parts in lieu and it's taxable. You can't waive it in favour of a tax free severance payment

[whereswaldo]

Really interesting points here. Looks like they are trying to do me a favour and load the redundancy payment instead of notice. Is this something I could/should raise with the settlement adviser/lawyer I instruct?

[BusinessUnusual]

Yes - ask your adviser to comment as you will want to keep some money back throughout the year to pay the tax if the payment is deemed to be taxable.

[Kewcumber]

as business says - it likely your compromise agreement will say that you are responsible for any tax due (if more than already deducted) so you need to bear in mind that you may have to pay tax on an extra 2 months so don't spend it all!

[honestpointofview]

Couple of things opp if it helps and i am an employment lawyer.

1.As all of said you will need a lawyer to advise you on a settlemenr agreement.
2.For what it is worth that sounds a reasonable deal
3.Under HMRC rules you can get £30k tax free for a settlement deal. Speak to your lawyer about the notice point. The debate above is right re a PILON clause

1. They will need to see you contract re the PILON clause. (Kew i often advise clients to not put a PILON clause in the contract, the benefits outweigh the risks and being frank that aren't any risk really)
   
2. Again for your lawyer to advise and I accept HMRC might not like it but there is nothing wrong with saying pay me one months notice pay and 3 months as settlement for redundancy and not for bringing a claim.