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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47355
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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My name isXXXXX and I have been made redundent Oct

Customer Question

My name isXXXXX and I have been made redundent Oct 2013 Dutch company for 7 years as a HGV1 driver.

Can I get redundancy payments being an EU company but paid in English company.

I left an email with Jo C this morning but was unable to get back to her
Submitted: 3 years ago.
Category: Employment Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is Ben and it is my pleasure to assist you with your question today. Were you employed under UK law or under a UK contract of employment?

JACUSTOMER-8ly2vg52- :

I was working with Mr J Harkin driving as a couple (6 days driving/6days at home). Our employers were Visbeen & Zonen B.V., Langeweg 20, 3244 Nieuwe Tonge, Netherlands as HGV1 International Truck Drivers from April 2007 to October 2013. Our payment was via an English Co.

JACUSTOMER-8ly2vg52- :

"This Agreement is governed by the laws of England and Wales and the parties submit to the exclusive jurisdiction of the English Courts"

JACUSTOMER-8ly2vg52- :

This way the truck is never off the road.

JACUSTOMER-8ly2vg52- :

WE WERE

JACUSTOMER-8ly2vg52- :

We were on an English Contract

Ben Jones :

and you were an employee not self employed?

JACUSTOMER-8ly2vg52- :

We were employed by Visbeen

Ben Jones :

Your rights to a redundancy payment would only apply if you were an employee and you were employed under a contract of employment that was governed by English laws. You may calculate your redundancy payment here:

https://www.gov.uk/calculate-your-redundancy-pay

The time limit to claim a statutory redundancy payment is 6 months so you are still in time to pursue the natter through the employment tribunal if necessary. Before you do so I strongly suggest you try and resolve this directly with the employer but if you are nearing the time limit and there has been no resolution then you may take this to the employment tribunal if necessary.

Ben Jones :

Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this?

JACUSTOMER-8ly2vg52- :

I am going to discuss this with Jim Harkin, there is no way Visbeen could be contacted. We (Jim and I) will contact you. Is there a way I could contact you Tue or Weds and if we went to employment tribunal what would be the estimated cost if we lost

Ben Jones :

Yes you may contact me by starting your question with 'for Ben Jones'. If you lost at tribunal you are unlikely to have to pay for the other side's costs unless you were issued with formal costs warnings in the process because you had a claim that was unlikely to succeed but you still continued with it. You will just have your own costs to meet, whatever these may be

Ben Jones :

Has this answered your queries for today?

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