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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 45355
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I am being made redundant after 3 and half years. Although

Resolved Question:

I am being made redundant after 3 and half years. Although I am self employed I have an employee number and until this April I worked through an umbrella company. Since then I have had my own limited company.
What if any rights do I have regarding any redundancy payments. I was never given a contract in the beginning.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. Have you checked to see what your employment status is likely to be based on how you were treated rather than what you were labelled as? For example here:
https://www.gov.uk/employment-status-indicator
Customer: replied 1 year ago.

The indicator says I am an employee

Expert:  Ben Jones replied 1 year ago.
Thank you. Your rights to a redundancy payment will depend on two factors – your employment status and your continuous length of service at the time of redundancy. You must first be an employee and secondly at the time of redundancy you must have had at least 2 years continuous service as an employee. If you satisfy these two elements then you would be entitled to a redundancy payment. Your employment status is something which depends on the facts of your situation and how you were treated. It does not depend on what you were labelled as or what your employer though you were. The issue is that there is no single test to determine that and there are a number of factors taken into account, which have been developed over years of case law. The indicator tool you used earlier takes the most common ones into account and would provide you with an idea of what your status is likely to be. However it is not a guaranteed indication and only a court or tribunal can determine with a degree of accuracy what you actually were. So you can use the outcome of the test to raise this with your employer and tell them that it appears you were an employee rather than self employed and as such should be entitled to a redundancy payment. They could of course refuse to accept this and maintain that you were actually self employed. If that was the case then you would only be able to challenge this in tribunal and hope that they agree that you were in fact an employee and should be entitled to a redundancy payment. I trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or if you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 45355
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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