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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48783
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I started work for an employer on 2 April 2012. My project

Resolved Question:

I started work for an employer on 2 April 2012. My project work is about to come to an end and from next week I will have little project work to do. I am in dispute with my employer because I have asked for part time working or working at home 1 or 2 days a week and the employer has refused. If my employment is terminated (prior to 2 April 2014), am I protected from unfair dismissal and am I entitled to statutory redundancy pay? If so, how much (I am aged 49)?
Submitted: 3 years ago.
Category: Employment Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. You will be protected against unfair dismissal because you have over 1 year's service with this employer. It therefore means that the employer must show there was a fair reason for dismissal and also follow a fair procedure. Redundancy is a potentially fair reason for dismissing someone. In terms of redundancy payment, you will not be entitled to one unless you have at least 2 years' continuous service with the employer on the date your employment terminates. So it does mean that if you are dismissed before 2 April and your employment terminates before that date, you will not be entitled to receive any redundancy pay

Customer:

HI

Customer:

But if dismissed for redundancy I am entitled to one months notice. If notice is given on Monday it takes me to 2 April on which date I have two years service.

Ben Jones :

Unless they terminate your employment by paying you in lieu of notice, which terminates it immediately

Customer:

But surely that would be unfair in a case of redundancy?

Ben Jones :

No at all, it is rather common

Ben Jones :

but check if your contract allows it

Customer:

But it would be breach of contract. Would a tribunal uphold that when the purpose was to avoid paying me redundancy paymenrt?

Ben Jones :

do you mean your contract does not allow for payment in lieu of notice?

Customer:

I've just chewcked. It does allow for payment in leiu of noptice.

Customer:

I've just checked. It does allow for payment in leiu of notice.

Customer:

If I make it to 2 April what is my entitlement to redundancy pay?

Ben Jones :

then unfortunately it will not be a breach of contract to terminate your employment by paying you in lieu of notice, even if it avoids paying you redundancy. If you are still employed by 2 April then yes you would be entitled to redundancy pay

Customer:

If I make it to 2 April what is my entitlement to redundancy pay?

Ben Jones :

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

Customer:

Ok

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? Thanks

Customer:

Just one thing - I have some shares under a SAYE scheme which I get to keep if made redundant but not otherwise. They are worth more than the redundancy pay. So if they terminate my employment, either I get to keep them or it will have been unfair dismissal?

Ben Jones :

this has nothing nothing to do with the fairness of the dismissal though

Customer:

yes but as I understand your answers they can only fairly terminate my employment by reason of redundancy

Ben Jones :

no, this is just one of the possible reasons, it can also be misconduct, capability or some other substantial reason

Customer:

yes but they don't apply do they? asking for part time working and being off sick with stress isn't a fair reason is it?

Ben Jones :

no, the most likely outcome would be redundancy

Customer:

So I get to keep the shares

Ben Jones :

well you said you get to keep them if you are made redundant...

Customer:

yes, but not otherwise.

Ben Jones :

ok so it depends on the reason for your dismissal - if it is redundancy you keep them, if it is not, then you don't

Customer:

quite so. that was the reason I asked about what my rights were in terms of unfair dismissal.

Ben Jones :

well if you are dismissed for an unfair reason the you can make a claim for unfair dismissal and seek compensation, and if you should have been made redundant instead then you can include in your claim compensation for the shares

Customer:

ok

Ben Jones :

Has this clarified things for you?

Customer:

yes

Ben Jones :

Great, all the best

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