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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48168
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Myself and 5 other bathroom fitters have been told that we

Resolved Question:

Myself and 5 other bathroom fitters have been told that we have to leave employment and become self employed. We have been told that there will be no redundancy pay and that if we go to a tribunal we will lose, as our employer knows more than we do .
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Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.
Hello, my name is ***** ***** it is my pleasure to assist you with your question today. How long have you worked there for?
Customer: replied 2 years ago.

I have been employed by the same company for 9 years others vary

Customer: replied 2 years ago.

Any news on this matter please.

Customer: replied 2 years ago.

still waiting any news yet on your opinion

Expert:  Ben Jones replied 2 years ago.
Apologies for not getting back to you sooner, I experienced some temporary connection issues and could not get back on the site until now. All appears to be resolved now so I can continue dealing with your query.
Assuming you are currently an employee and your employment is being terminated so that the employer changes you to being self employed, that would amount to a dismissal in law. If you have more than 2 years’ service then you are protected against unfair dismissal and the employer must show that there was a fair reason for dismissing you and that they had followed a fair procedure.
There are several reasons for fairly dismissing an employee, such as misconduct, capability and also redundancy. If the employer no longer requires as many employees doing a particular job and perhaps they want to replace them with contractors (even if those contractors are you), then the most likely reason for dismissal is redundancy, which occurs in the following circumstances:
1. Business closure – where the whole of the employer’s business is closed
2. Workplace closure – closure or relocation of one or more sites
3. Reduced requirement for employees to carry out work of a particular kind
Your situation will fall within the third example. If at the time of dismissal you have more than 2 years’ service then you will also be entitled to a redundancy payment, on top of your notice period and any accrued holidays.
If the employer is refusing to acknowledge you are being made redundant and pay you whatever redundancy you are due then you have the option of making a claim in the employment tribunal to pursue them for the money owed. So you will have protection against their actions and can take the matter further if necessary.
I hope this has answered your query. Please take a second to leave a positive rating, or if you need me to clarify anything before you go - please get back to me and I will assist further as best as I can. Thank you
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