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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48176
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I was recently made redundant (10/2) and was just told on that

Resolved Question:

I was recently made redundant (10/2) and was just told on that day and received a letter stating that my position has been eliminated due to workforce reduction. No notice given that I was at risk and/or consultation period. I have only been in the company 10 months and I know the reason was because of me being a high earner and the company has financial issues. No one else was considered in similar roles. Do I have any position to challenge for unfair dismissal or process not being correctly followed etc ?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Remus2004 replied 1 year ago.
What does your contract say about this?
Customer: replied 1 year ago.
Sorry I have not checked it, will look at it now
Customer: replied 1 year ago.
I have been unable to find a copy but have requested a copy from my previous company
Expert:  Ben Jones replied 1 year ago.
Hello, my name is ***** ***** I have been asked to look at this query as I am an employment lawyer. I see you have only been with this employer for 10 months but you also mention that you were going to request a copy from your ‘previous company’. Were you referring to the company from which you we pre dismissed or was there a company before this one and you transferred your employment from them to the latest one?
Expert:  Ben Jones replied 1 year ago.
Hello, not sure if you saw my initial query above - I see you have only been with this employer for 10 months but you also mention that you were going to request a copy from your ‘previous company’. Were you referring to the company from which you we pre dismissed or was there a company before this one and you transferred your employment from them to the latest one?
Customer: replied 1 year ago.
I was referring to the company to which I have just been dismissed. I now have a copy of my contract which states the following regarding under the heading 'Notice'. Either party can terminate the employment and after 3 months service, no less than 1 months written notice must be given.
Expert:  Ben Jones replied 1 year ago.
Thank you. The issue here is that if you have been continuously employed at your place of work for less than 2 years then your employment rights will unfortunately be somewhat limited. Most importantly, you will not be protected against unfair dismissal. This means that your employer can dismiss you for more or less any reason, and without following a fair procedure, as long as their decision is not based on discriminatory grounds (i.e. because of gender, race, religion, age, a disability, sexual orientation, etc.) or because you were trying to assert any of your statutory rights (e.g. requesting maternity/paternity leave, etc.). So they could easily select you for redundancy and not follow a fair redundancy procedure as long as their decision was not discriminatory as mentioned above. If the dismissal had nothing to do with any of the above exceptions then you would not be able to challenge it and your only protection would be if you were not paid your contractual notice period, because unless you were dismissed for gross misconduct, you would be entitled to receive your contractual notice period. In your case you are due a month’s notice so ensure you get paid that. If they do, then unfortunately you would not be able to challenge their decision, unless any of the earlier mentioned exceptions apply.I'm sorry if this is not necessarily the answer you were hoping for, however I do have a duty to be honest and explain the law as it actually stands. This does mean delivering bad news from time to time. I hope you understand and would be happy to provide any further clarification if needed. If you are still satisfied with the level of service you have received I would be grateful if you could please take a second to leave a positive rating by selecting 3, 4 or 5 starts at the top of the page. Thank you
Expert:  Ben Jones replied 1 year ago.
Hello, I see you have read my response to your query. If this has answered your question please take a second to leave a positive rating by selecting 3, 4 or 5 stars from the top of the page. I spend a lot of time and effort answering individual queries and I am not credited for my time until you leave your rating. If you still need further help please get back to me on here and I will assist as best as I can. Many thanks.
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48176
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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