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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46804
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Hi - I am being made redundant, but have agreed to provide

Resolved Question:

Hi - I am being made redundant, but have agreed to provide my employer with selected services on a self-employed ad-hoc basis (via a freelance contract). They will also provide a reciprocal service to my new business. My employer wants to keep these new 'partnership' contracts completely separate from the redundancy process. That seems ok in principle, but should I be insisting that they link the two. For example, that the notification of redundancy refers to the new contracts.
Thanks.
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.

Ben Jones :

Is there any particular reason you wish to do this?

Customer:

To link the new contract with the redundancy notification?

Ben Jones :

ok but what do you mean by linking the two exactly?

Customer:

In the first draft of the redundancy letter, they stated in an appendix into which the new contracts could be slotted. However, they are now saying they would like to keep them separate. I just want to understand the pros and cons from a legal perspective.

Customer:

*edit* 'added an appendix

Ben Jones :

it really makes no difference from a legal perspective if they are kept together or not - the two are separate issues anyway - you are being made redundant and that is a separate process on its own. If they wish to retain your services on a self employed basis after redundancy, then that is an entirely separate matter and it does not need to be linked in any way to the redundancy. As long as you have a contractual agreement with them about this arrangement then you will be legally protected as there would be a contract between you and the employer about this. Whether it is contained in the redundancy documents that preceded this or not is completely irrelevant

Customer:

Thank you. I thought that was the case, but just wanted to check that I'm not exposing myself to any issues further down the line. I will just insist that the new contracts are signed before I leave (they have to be or they stand to lose business!).

Ben Jones :

yes you can do so, nothing wrong with asking for that to be done so you know where you stand before you leave the business as an employee

Customer:

Thanks - signing off now.

Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46804
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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