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Original poster

Should I accept redundancy settlement offer?

15 replies

Trinidading3 · 20/07/2021 20:12

Is it the done thing to counter offer a settlement offer? I feel I should have two months more payment.....I have worked over 4 and half years part time and I am being made redundant as they need a full timer. I have told them I feel I am being discriminated against as I have family commitments and cannot work full time. How should I word a counter offer? Do you think it will be successful? Any advice would be much appreciatedFlowers

OP posts:
maybemu · 20/07/2021 20:28

I would definitely speak to citizens advice. Isn't there a right to flexible work now?

Have a looks at this

www.citizensadvice.org.uk/work/leaving-a-job/redundancy/check-if-your-redundancy-is-fair/

Beach11 · 20/07/2021 20:28

Think the minimum they can give is 1 weeks pay for every year you have worked there if under 41yrs.

They have offered you more in the settlement.

Always worth trying to get extra.

Figgygal · 20/07/2021 20:33

You can ask but I suspect if they are confident that they’re not doing anything wrong they won’t have a bar of it

blueshoes · 20/07/2021 20:39

Are you the only person in your pool? i.e. there is no one else doing a similar job at you who is informed to be at risk of redundancy.

AOwlAOwlAOwl · 20/07/2021 20:43

It doesn't sound right to me being made redundant if they need a FT - it's the post that is made redundant not the person. So if the work needs doing (which it does if it can't be done PT) I'm not understanding their rationale for making it redundant. They could just employ another PT role as well as you.

Mindymomo · 20/07/2021 20:51

Have you worked out what you are actually entitled to. There is a online calculator which will tell you what they have to pay you. Unfortunately they don’t have to offer you any more. I’ve been made redundant 4 times and only once did I get anything above statutory redundancy and that was because there was a union looking after all employees.

mellicauli · 20/07/2021 21:00

Send them this link and ask them why they can't find another part timer. Ask them what the evidence-based business case for

their restructure decision and for the imposition of different working patterns.

www.wrigleys.co.uk/news/employment-hr/employee-dismissed-for-refusing-to-go-full-time-was-unfairly-dismissed-and-discriminated-against-on-grounds-of-sex/?utm_source=Mondaq&utm_medium=syndication&utm_campaign=LinkedIn-integration

flowery · 20/07/2021 21:33

If there is a need for more work not less, then it isn’t a redundancy situation which is presumably why they are offering you a settlement.

They should be paying for you to get the agreement reviewed by a solicitor- are they doing that? The solicitor will advise you.

prh47bridge · 21/07/2021 07:28

Agree with Flowery.

This is not a redundancy, so ignore redundancy pay calculators and the like. They are not relevant.

They are offering you a settlement agreement in which, amongst other things, you will give up your right to take them to tribunal and they will pay you a sum of money. The agreement is not binding on you unless you have had independent legal advice. It is therefore normal for the employer to pay your legal costs. Check that they are doing so and get legal advice.

drpet49 · 23/07/2021 16:13

* I have told them I feel I am being discriminated against as I have family commitments and cannot work full time.*

^Discrmination isn’t you not working full time hours because of family commitments. You haven’t got a leg to stand on.

SeasonFinale · 23/07/2021 17:18

@drpet49

* I have told them I feel I am being discriminated against as I have family commitments and cannot work full time.*

^Discrmination isn’t you not working full time hours because of family commitments. You haven’t got a leg to stand on.

This is totally incorrect advice.
titchy · 23/07/2021 17:20

@drpet49

* I have told them I feel I am being discriminated against as I have family commitments and cannot work full time.*

^Discrmination isn’t you not working full time hours because of family commitments. You haven’t got a leg to stand on.

It's indirect sex discrimination actually.
flowery · 23/07/2021 19:09

@drpet49

* I have told them I feel I am being discriminated against as I have family commitments and cannot work full time.*

^Discrmination isn’t you not working full time hours because of family commitments. You haven’t got a leg to stand on.

Sacking someone who works part time because you want a full timer instead is completely unlawful. Plenty of legs to stand on, else they wouldn’t be offering a settlement.
Toottootdrivers · 23/07/2021 19:14

Getting rid of someone because they work part time is unfair dismissal, unless they have a good business reason. It could also potentially be indirect sex discrimination. Again, they'd need a good reason.
OP I'd suggest speaking to an employment solicitor before you sign anything.

omgthepain · 23/07/2021 20:41

I'd phone ACAS and get some advice as the job isn't redundant if it requires more hours

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