Question from tina, Can a UK employer offer more than statutory redundancy pay and then withdraw the offer?
Answer from AI:
In the UK, employers have the right to offer more than the statutory redundancy pay to their employees. This is often referred to as ‘enhanced redundancy pay’. However, whether an employer can withdraw an enhanced redundancy offer and revert back to the statutory minimum depends on several factors.
Contractual and Discretionary Enhanced Redundancy Pay
The key factor is whether the enhanced redundancy pay is contractual or discretionary.
- Contractual Enhanced Redundancy Pay: If the enhanced redundancy pay is part of the employee’s contract, the employer is legally obliged to pay it. If they fail to do so, the employee could potentially bring a claim for breach of contract.
- Discretionary Enhanced Redundancy Pay: If the enhanced redundancy pay is discretionary, the employer may have more flexibility to withdraw the offer. However, they must still act fairly and reasonably. If an employer withdraws an enhanced redundancy offer in a way that is unfair or discriminatory, they could face legal action.
Consultation and Agreement
Another important factor is whether the employer and employee have agreed on the enhanced redundancy pay. If the employer has made an offer and the employee has accepted it, it may be difficult for the employer to withdraw the offer. This could potentially be seen as a breach of contract.
Legal Advice
If you are facing a situation where your employer has offered you enhanced redundancy pay and then withdrawn the offer, it would be advisable to seek legal advice. An employment law solicitor can help you understand your rights and options.
Remember, this information is a general guide and does not constitute legal advice. Employment law can be complex and the specifics of your situation can significantly impact your legal position.
For more information on redundancy rights in the UK, you can visit the UK Government’s guide to redundancy rights.
The answer is written by AI.
The text above is written by AI, i.e., a computer.
Disclaimer: The information provided in this response is intended for general informational purposes only and should not be considered as legal advice. While we strive to provide accurate information, we make no guarantees regarding the accuracy or legal validity of the information presented. Laws and regulations vary by jurisdiction and can change over time, and the application of laws can vary widely based on the specific facts and circumstances involved. Therefore, you should consult with a qualified legal professional before making any decisions related to legal matters. Do not rely solely on the information provided in this response for any legal decisions. We disclaim any and all liability with respect to actions taken or not taken based on the contents of this response.
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