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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47418
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I've been made aware that my job is at risk and a consultation

Resolved Question:

Hello, I've been made aware that my job is at risk and a consultation process has began at work.
I began working for my employer in 2006 at a Grade 2 job. I then got promoted to a Grade 3 job. I also got a Grade 4 job in 2010. I leftt the Grade 3 job last year. The Grade 4 job I kept on and this is the job I may be made redundant from.
My employer has given me a redundancy pay figure of 4 weeks salary = 4 years of my job. I am querying if it should be 9 weeks for the 9 years I have worked for this employer. When they wanted to redeploy me last year to the site mentioned as my 'home' site on my Grade 2 contact, they invoked this contract as it had the site written on it. I refused and this led me to resign my Grade 3 job. I have never received any other contract so as far as I am concerned this contract is still 'live' and the fact that they tried to bind me to it over the deployment last year says to me they do also. Can you please advise?
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. Do you have a specific policy which states you get enhanced redundancy or are you just entitled to the statutory minimum? Also was there any break in employment and if so how long exactly?
Customer: replied 2 years ago.

Hi Ben, the policy is 1 week for every year over 22 yrs old, so it's that and nothing more it seems. No break, I left the Grade 3 job last year and kept on the Grade 4 job so have been employed continously since 2006. Same department for all the jobs, just at different sites

Expert:  Ben Jones replied 2 years ago.
Thank you for your response. I will review the relevant information and will get back to you as soon as possible. Please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you
Expert:  Ben Jones replied 2 years ago.
Many thanks for your patience. Your entitlement to redundancy would be determined by your continuous service with the employer. It would be assumed that all service with no break has been continuous unless it can be shown that some event broke that continuity. This would include events like you being made redundant in the past or leaving your job and being re-employed after having at least a week’s break. However, it does not appear that the was any break in continuity and as such your employer should take into account your full length of service with them, which in your case is 9 years. The fact you changed jobs over time does not make a difference, as long as you continued to be employed by them with no break in service. So just changing contracts, jobs, titles, etc does not break your service if you continued working for them continuously in the meantime. You may raise this issue with them and request that they reconsider their position and pay you what you are legally entitled to. If they refuse to and you do not refuse the redundancy payment you are due you can make a claim in the employment tribunal to try and pursue that.
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
Customer: replied 2 years ago.

Thanks Ben, that's what I thought so thank you for explaining that.

Just a final clarification - will this affect the notice period I am entitled to? The site is scheduled to close on August 1st and I was notified on July 2nd. Could I get pay in lieu of notice?

Expert:  Ben Jones replied 2 years ago.
Your notice period would also depend on continuous service so you should get at least a week for every full year of employment. If you are not allowed to work your notice period then you should be pad in lieu of notice. Hope this clarifies?
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