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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47417
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Hi i was called into see my Employer on weds of last week,

Resolved Question:

Hi i was called into see my Employer on weds of last week, via a phone call at 10 am that morning,
I (and 2 others) were told due to lack of work i was being made redundant with immediate affect,i was shocked as i had worked at this company for nearly 16 years, had a clean work record,and had a good relationship with all i worked with.
There are people who have only been at the company a short time,and also people who are self employed(i was on a contract)
myself and the other 2 people called in are late 50's early 60's,and were told, that the company may have to do different sort of work,more labour intensive, that called for a lot of travelling, and he did not think we would cope, we were not given the option to undertake this work (if it exists)
On the letter i recieved spelling out my payment due, it was just stated the company were short of work,no mention of being unable to do other work availiable
I feel the reason we were show the door is an age thing, also we were on more money than a lot of the younger less experienced guys.
should we have been given notice of the meeting? should we have been offered alternative work? if availiable,
i hope you can help me in this query
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.
Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today.

Ben Jones :

What do you hope to achieve please?

JACUSTOMER-ys01bw16- :

Some Justice i think, i did not like the way i was shown the door,if it was done incorrectly i would like to know

JACUSTOMER-ys01bw16- :

Hello are you still there?

JACUSTOMER-ys01bw16- :

Why are you not answering?

Ben Jones :

OK, thank you, ***** ***** this with me - I will look into this for you, get my response ready and get back to you on here. No need to wait around and you will get an email when I have responded, thank you

JACUSTOMER-ys01bw16- :

ty

JACUSTOMER-ys01bw16- :

Why have i 3 emails asking me to rate your service , when you have not answered my question? i thought your "experts" would have the answer almost straight away,i have waited 3 hours and no response

Ben Jones :

Hi, the response was posted earlier today but for some reason it appears to have failed to register on the site so apologies for that – I will post it again below, hopefully you will get it this time round.

It certainly does not appear that the employer has acted correctly in this case. Even if this was a genuine redundancy situation where your employer had to make you redundant, they would have still been expected to follow a fair redundancy procedure, otherwise the dismissal can be unfair. The law requires an employer to consult with any employees at risk of redundancy, discuss the reasons for the proposed changes, seek alternatives to avoid that, offer them any suitable alternative employment, etc. Simply inviting you to a meeting and advising you that you are made redundant will almost certainly not meet that criteria and it is very likely that the redundancy can be deemed unfair.

At first you are able to challenge the employer directly by submitting a formal appeal to the decision to make you redundant. If you are still employed by them you can do this by raising a formal grievance. If you are no longer employed by them you can just send in an appeal letter and challenge their actions that led to this redundancy.

If the internal appeal does not change the situation, your next option is to make a formal claim for unfair dismissal in the employment tribunal and seek compensation for the unfair dismissal. You have 3 months to submit this counting from the day your employment is terminated. You will be expected to go through ACAS first and try to reach some sort of financial settlement with the employer but if that is not possible then you will be allowed to continue with making your claim to the employment tribunal.

Hope this clarifies your position? If you could please let me know that would be great, thank you

Ben Jones and other Employment Law Specialists are ready to help you

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