Employment Lawyers Can Answer Your Employment Law Questions
Hello, my name is ***** ***** it is my pleasure to assist you with your question today. Were you an employee or self employed?
I presume your employment has been continuous, as in you were always on their books and did not have any gaps in employment?
Correct although I was seriously ill in 2010 and absent in the summer term following a craniotomy. I returned to the school in the September. I did not receive sickness pay/benefit during my term's absence. I have been paid on an hourly basis without sickness/holiday pay.
It is highly likely that your service would have been continuous and as an employee you would be entitled to certain redundancy benefits if your job disappears and your employer has to make you redundant. Whether you are entitled to redundancy would depend on whether you are an employee and if you have more than 2 years' continuous service at the time of redundancy. These are the only conditions that would qualify you for a redundancy payment and in the circumstances it appears clear that you continued being employed by them continuously, even if on a casual basis, for a number of years and would have sufficient service to be eligible for a redundancy payment.
Thanks very much, Ben. So the next step should be to contact the school and put forward my case?
Have they actually begun the redundancy process?
Well yes, not so much as a process but being told that I wasn't needed next September. I have actually taught my last lessons at the school. It did not occur to me that I may be entitled to any sort of redundancy. I have actually left on very good terms with the headteacher so raising this issue could be very awkward.
I understand but you need to look after your rights at the same time. The redundancy payment would only really arise once your employment has actually been terminated and the employer has confirmed your formal end date. Also it would only arise if the reason for your dismissal was redundancy - there are a few other reasons they could use such as misconduct, capability, some other substantial reason, but if this is a case of your job no longer existing and the employer requiring less people doing that specific job then it does look like redundancy
The job has definitely disappeared and I am not being replaced with anyone. The school is on a tight budget. The head has said that she would give me a glowing reference which, depending on the size of the redundancy payment, may be worth more..How are redundancy payments in teaching worked out?
you are entitled to the minimum in law:https://www.gov.uk/calculate-your-redundancy-payThen the employer could offer an enhanced payment on top of that but that depends on employer policies and that obviously is something you need to check with them
Ok thanks. I need to bite the bullet and confront!
nothing to lose!
Thanks very much, Ben