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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48496
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Senior EU Director position in a large company. <2 years

Customer Question

Senior EU Director position in a large company.
<2 years service even including a 3 month notice period. The role itself existed for years.
The role is not going to exist in a new major reorg.
HR sent me letter of termination with my notice period just referring to my termination, not to any redundancy.
The new leader was very clear to me that the role is indeed not going to exist any more.
If I was not 'terminated' but 'made redundant' with compromise agreement I would have tax benefits. (up to 30k etc)
I'm not sure it makes any difference to them either way of settlement but clearly the truth is the role is being made redundant and that I would be financially better off with a redundancy approach, even if the pay was the same, I'd end up with more net.
Question: even though i know I have almost no rights <2 years, am I able to pressure them to exit me fairly as per the truth so I get the best net money or can they just terminate me anyway even though they didn't do a consultation / redundancy. I just wondered if a company has a duty of care to follow proper process or can do what they like to me?
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. In the circumstances they can do as they please I’m afraid. The requirement to use redundancy as a proper reason for termination and to go through a consultation, etc is only a requirement if they have to justify the fairness of a dismissal. However, with less than 2 years’ service there is no obligation on them to show that there was a fair reason for dismissal or that a fair procedure was followed and you cannot challenge it anyway, so they would not have to use redundancy as a reason. They could simply issue you with notice of termination and they would not have to show it was a redundancy or offer you any settlement agreement.
Also I am not sure but you may have misunderstood the tax free aspect in the event of a redundancy. This only applies if you are entitled to a redundancy payment however with less than 2 years service you have no entitlement to redundancy pay. It would not cover your notice pay for example because that is a contractual benefit and will be taxable. So even if you were being made redundant under a settlement agreement, the notice period payments would not be covered by the tax exemption, it would only apply to the redundancy payment which is separate. So if you are only being paid your notice period and holidays then it makes no difference to you because you would have been taxed on these anyway.
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
Expert:  Ben Jones replied 2 years ago.
My full response should be visible on this page. Could you please let me know if it has answered your original question or whether you need me to clarify anything else in relation to this? If your query has been answered 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. Thank you