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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48736
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I work/ed small company with only 3 employees. Myself

Resolved Question:

I work/ed for a small company with only 3 employees. Myself and 1 other was taken on as Public Service tutors and 1 other taken on as admin for funding we had received. The public service role finished last september but we were still being employed as trainers on other courses.At the end of August myself and my other Public services colleague received a letter of redundancy consultation inviting us to a meeting. My colleague couldnt make the meeting and I said I didnt think it was fair that the 3rd employee hadnt got one as the funding had stopped a few months previously. There was no formal consultancy meeting. I offered to reduce my days at work to a non committal answer. The other 2 colleagues found other jobs and have since left. Friday 13th there was a letter of redundancy on my desk stating that since my meeting with my representatives ( that I never had) from the 19th I will be redundant. There was a form stating that I would receive 3 weeks money which I still havent had. The letter was only signed by 1 of the managing directors, there are 3. Is this legal?
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.
Hello, my name is***** am a qualified solicitor and it is my pleasure to assist you with your question today. How long have you worked there for?
Customer: replied 2 years ago.
full time since september 2013
Expert:  Ben Jones replied 2 years ago.
Does your job actually still exist and was there anything else they could have offered you instead?
Customer: replied 2 years ago.
we had a contract with a 6th form to deliver public services 3 days a week and the other days work for the company delivering security courses and first aid. The 6th form has closed so there is no public service job. I understand that but its more the fact that I didnt actually have a consultancy meeting with the directors but in my final letter of redundancy it states that i did
Expert:  Ben Jones replied 2 years ago.
A fair redundancy procedure requires employer to conduct meaningful consultation with employees at risk of redundancy. The purpose of it is to discuss the reasons for the redundancies, try to see if there is anything that can be done to avoid them and also use it as an opportunity to offer the employees any suitable alternative employment which may exist at the time. Failing to hold a consultation with the employees could make the dismissal unfair. Therefore, as a starting point you could appeal the redundancy with the employer and even consider making a claim in the employment tribunal. However, in such a claim the tribunal could find that even if the employer had followed the correct procedure and conducted a consultation, the outcome would have been the same, they can reduce any compensation by as much as 100%. So as you can see, there has been a breach of procedure and as a starting point it can make the dismissal unfair but if that did not actually have any impact on the outcome and you would have been made redundant in any event, then your compensation can be reduced to zero. However, this should not put you off from appealing the dismissal directly with the employer, before considering whether to take it further to tribunal. I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. 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
Customer: replied 2 years ago.
I thought thats how it would work. So should my redundancy pay of been paid on my last day at work?
Expert:  Ben Jones replied 2 years ago.
There is no law which states when that must be made. It varies in practice - some pay it on the last day of employment, others on the first official pay run following the dismissal. So if you are dismissed on the 5th but normally paid on the 25th the employer could wait until that date to pay you. Hope this clarifies?
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Customer: replied 2 years ago.
yes, thank you
Expert:  Ben Jones replied 2 years ago.
You are welcome