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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47340
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I am currently working Norwegian Company abroad. I

Resolved Question:

I am currently working for a Norwegian Company abroad.
I have been given 30 days notice by the company.
My time with the company is ten years in the UK, and six years abroad, working in different countries, I have also paid British Taxes every year as I live in the UK.
My contract states that I come under Scottish Law.
Q. Will I receive redundancy package from this Company?
Thanking you for your comments.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. What is the reason for your termination?
Customer: replied 1 year ago.
The reason for the termination, we do not have a contract.
Expert:  Ben Jones replied 1 year ago.
Are you an employee or a contractor?
Customer: replied 1 year ago.
I am an employee.
Expert:  Ben Jones replied 1 year ago.
If you are working under Scottish law as per your contract (which is UK law basically) then you will have certain rights in this situation. If you are losing your job because your employer no longer has a contract on which to place you on then that most likely mounts to a redundancy situation. The Employment Rights Act 1996 states that a redundancy occurs when there is: 1. Business closure – where the whole of the employer’s business is closed2. Workplace closure – closure or relocation of one or more sites3. Reduced requirement for employees to carry out work of a particular kind (this is where many employees get confused as they believe a job has to actually disappear for them to be made redundant). In this case it is the last one which is most likely to apply and as you have more than 2 years’ continuous service you would be due a redundancy payment. Not only that but it appears that the employer has also not give you the required notice on termination. UK law entitles you to a week for every full year of continuous service with the employer, up to a maximum of 12. If you have been with this employer for 16 years then you should be due the maximum 12 weeks’ notice, not 30 days as they have given you. This is your basic legal position. I have more detailed advice for you in terms of the steps you can follow should you have o take this matter further, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, leaving a rating will not close the question and we can continue this discussion. Thank you
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Customer: replied 1 year ago.
Thank you Mr. Jones.
A real pleasure to talk to.
No messing about, straight to the Point.
Expert:  Ben Jones replied 1 year ago.
Thank you. If you are not paid what you are due then you have the option of taking the matter to the employment tribunal. In order to try and resolve this first, the employer should be contacted in writing, advised that this is being treated as unlawful deduction of wages and ask them to pay back the money within 7 days. Advise them that if they fail to pay the money that is owed, legal proceedings could follow. If the employer does not return the money as requested, the following options are available:1. Employment Tribunal - the time limit to claim is only 3 months from the date the deductions were made. To make the claim, form ET1 needs to be completed and submitted - you can find it here: County Court – this is an alternative way to claim and the advantage is that the time limit is a much longer 5 years and is usually used if you are out of time to claim in the Tribunal. You would need to use the Scottish courts for this if your contract is governed by their laws. Hopefully by warning the employer you are aware of your rights and are not going to hesitate taking further action they will be prompted to reconsider their position and work towards resolving this.