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Redundancy Rights


joey2

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Hi


I'm a PA and have just been made redundant after 9 years. We have been told that we will only be getting statutory pay which is pretty shabby in my opinion especially as it's a blue chip organisation who are not likely to go bust. I am trying to push to get a better pay off which probably won't happen but am concerned that on Friday I am supposed to be signing my rights to tribunals etc away. Am I entitled to get a solicitor to look at this at the company's expense? I would be very grateful if anyone has any advice on this.


Thanks

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Bad luck joey2. Don't sign anything until a solicitor with good experience in employment law checks it first. I believe that is your legal right. I'm not sure if your employers are obligated to contribute towards this but I think you have a good case to ask them to cover the bill up to say ?300.
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You are entitled for a (reasonable) legal sum to be paid for you to retain a lawyer to check any document you're being asked to sign to waive your rights. Ring ACAS immediately - they can ACAS advise you - they are free, and they are experts.


Best of luck.

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You do not have any right to claim legal costs from your employer. however, you cannot validly waive your statutory employment rights (unfair dismissal, discrimination etc) without first taking legal advice and signing a valid compromise agreement. It?s in your employer?s interest that you do that (as otherwise your waiver of claims will be ineffective) so they should contribute to the cost of you doing so.


The issue for you is that there is no reason for you to give up your statutory rights if your employer is not incentivising you to do so. You are entitled to your notice pay and the statutory redundancy payment in any event. They should be offering you something else to have you give up your potential claims against them.

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I definitely wouldn't signing anything. You have no inventive to sign away your rights if they are only offering you state minimum. From friends I've spoken to that have been made redundant, they have always been offered a lawyer on the company. I think most people that push will generally get offered a better pay-off, but I suppose it depends on the circumstances.
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Hi all


Thank you very very much for all your advice. I've looked at the ACAS website which has also been really helpful. I definitely won't sign anything (unless it's a good compromise agreement which is better than statutory) and from what I gather they have to pay everything they owe on the day you leave which is not what they were intending to do. They thought they could get away with paying next month in the BACS run.


Anyway,you've all been really helpful so thanks very much.


p.s. Does anyone need a good PA?!

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