payment in leu of notice regards settlement

[scorps]

I have just been told that the both companies are prepared to pay 50% each of my redundancy and outstanding holiday pay as a settlement prior to tribunal tomorrow. I have also been told they wont pay my five weeks notice in leu as I got a job straight away, should I dispute this? It wasnt my fault I was dismissed and surely it would have been stupid to not accept a new job offer after my dismissal?

The companys will already get out of the unfair dismissal payment by going this route, the other ten involved have agreed to the settlement but this will leave me around 2k short of my basic entitlements via redundancy.
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Do not presume that I am male.

[Nobby the Bastard]

[scorps]

thats what i thought Nobby, the solicitor said they didnt have to pay it as a tribunal wouldnt take that into consideration but as they are wanting to settle rather than go that route then the tribunal issue shouldnt arise, all they are wanting to offer me is my redundancy and outstanding holiday and two weeks compensation, but not the five week notice pay.
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Do not presume that I am male.

[Tracey Suntan-King]

What Nobby said.

Also, they are obviously not confident of winning if they've made a mass offer.

Notice is a contractual entitlement, not negotiable.

Keep your nerve and I bet they'll up their offer.

It's a ood sign.


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Whether you think you can, or think you can't, you're probably right

[scorps]

im contacting the solicitor tomorrow, apparently both companies have stated that if it goes to tribunal then whoever loses will appeal, I believe this is to scare us into accepting their first offer. Bastards!
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Do not presume that I am male.

[JonB]

[scorps]

I know what you are saying Jon but Im going to try and see if they will pay it, they will or they wont. I just dont want to be seen as lying down without questioning it when I have it in black and white as to what my entitlements are from my old company should they have to pay out.

had we asked my partners company to produce proof of procedure at his tribunal i think it would have gone better for him and I dont want to be left with the if only feeling with mine.
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[Ariel Badger]

If you have the balls refuse it, if not take it but talk to your brief. If the settlement is less than they offered it may mean you incur their costs ( this is based on a case following the death of my father in 85 from an asbestos related condition and may no longer be applicable).
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Bikers make great organ donors, get 115 on your licence today.

[scorps]

they arent wanting to go to tribunal AB, the hearing was supposed to be today and they came back 11th hour, all I stated was that it was unfair of them to not pay me the notice and I would very much like them to do that seeing as it is a contractual obligation, Im not going to fight it out, think theres about five of us who have stated the same thing, the others were offered new contracts with the old company shortly after being dismissed so they arent wanting to rock any boats.
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[Derivative]

[carvell]

Bear in mind that while in your notice period you are still employed by your previous company. There may be a clause that says you can't work for another company at the same time (there probably is).

They may bring this up and try to do you for it if you carry on pushing them to get the notice pay.
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Yamaha TDM 850

[scorps]

this is the tricky one carvell they stated that from the 26th of April I no longer worked for them. i got the new job a week later after being told by the other company i didnt work for them either. they can only say no and im a couple of grand down. im still going to get a reasonable payout but im just waiting on hearing back from our solicitor.

If you go to a tribunal saying you didnt look for work they will cut payment stating you havent tried. none of us got any notice we were just told we no longer worked for the company. This TUPE stuff is complex. My letter from the company stated that if they ended up paying out id get notice pay too. its just both companies are paying to keep it out of court. im not going to fight it as it wouldnt be fair on the other ten people, ive said i am happy to settle before it went to tribunal just questioning their changing their mind about the notice pay is all.
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Do not presume that I am male.