Redundancy Offer Error

maxwell smart

Hi

My mate is getting made redundant after many years. He thought he was getting around 20k. He got a letter today from his employers solicitor stating that if he did not publicise certain matter that he would get 70k.
I have read the letter and its signed by the solicitor and looks all ok.

If he signs the attached offer proposal can his employer come back to him and say "sorry it was a mistake its not 70k".

Some background, from the employers point of view, the "certain matters" would be better not publicised for lots of reasons.

I've told him to get his own solicitor but am wondering if anybody on here has any thoughts?

Delancey

Smart move advising him to get independent legal advice first.

In the current climate it is very hard to turn down 50k on a matter of principle , if your friend is happy with the ' gagging order ' aspect of this offer then he should go for it.
Free Speech and other lofty ideals don't put food on the table.........

He needs to be sure that if , for example , he was called as a witness in a court case where these matters were being aired that this would not be classed as breaching his silence and thus cost him this extra money.

tenchi-fan

maxwell smart wrote: »

I've told him to get his own solicitor but am wondering if anybody on here has any thoughts?

Just this, really.

Guy:Incognito

Would he otherwise be looking at going public with this information or from his point of view is this basically 50k to not discuss something he probably wouldnt have bothered discussing anyway, or maybe just as a funny story to tell mates?

On the face of it it sounds like an easy 50k.

maxwell smart

If he went public his employer would be in big doo doo and would be ruined.

Mr. Loverman

My thoughts:

What a lucky guy. Take the money and run.

Stop trying to overcomplicate things.

leeroybrown

Just get the agreement for the €70k in writing and sign whatever non-disclosure agreement they want. If it doesn't work out simply like that then maybe he'll need a solicitor but until that stage (personally) I'd be playing along nicely and taking the cash.

RichardBHenry

Your friend is being asked to sign a NDA (non disclosure agreement) - it appears that he will be getting way above his statutory entitlements in accordance with Redundancy Payments Act, ie, 2 weeks per year of service, plus an extra week.

In response to your specific question, could the employer uniterally rely on an "error", wherein he should have only been offered 20 as opposed to 70 k. Your friend would be entitled to rely on the principle of estoppel and he would have a legitimate expectation to receive this 70k in consideration of signing the NDA. in any event, the employer may pursue his solicitor for negligence if said letter came from the solicitors office. Usually an employer requires an employee sign a form of waiver in that once they sign the document, they will not be able to seek to go to court, or the EAT, Rights commissioner or any other forum in relation to any dispute that they may have.

Thus, if your friend has a possible legitimate legal right or form of redress that could be potential be more than 70 k he should have second thoughts, it would be best to seek independent legal advice, prior to signing.

Regard

Richard

bryaner

Sweet..:D

Eoin

This is getting way too specific about legal advice.

maxwell smart wrote:

I've told him to get his own solicitor

Best advice right here.