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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48159
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I have just been told I am redundant and will receive the statutory

Customer Question

I have just been told I am redundant and will receive the statutory minimum notice of one week even though my contract of employment states 3 months. I am 25 and been at the company for almost 1 year.
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. Have you been told why they only give you a week?
Customer: replied 1 year ago.
They said they checked and the statutory minimum is one week and that's all they have to give. I mentioned my contract notice period and they said it didn't matter.
Expert:  Ben Jones replied 1 year ago.
No, they are completely wrong. The minimum statutory notice period is indeed 1 week and that is what they must give you by law, but they can give you a longer period under contract and if that is the case then that period would become contractually binding. So if they fail to give you your contractual notice period they would be acting in breach of contract and you are entirely within your rights to make a claim for wrongful dismissal or breach of contract and pursue them for the remainder of your notice period. This is your basic legal position. I have more detailed advice for you in terms of the options you have to pursue what you are due, 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, there I no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you
Ben Jones and 4 other Employment Law Specialists are ready to help you
Expert:  Ben Jones replied 1 year ago.
Thank you. If they fail to pay you then in order to try and resolve this, the employer should be contacted in writing, advised that this is being treated as a wrongful dismissal / breach of cntract 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 payment was due. To make the claim, form ET1 needs to be completed and submitted - you can find it here: https://www.employmenttribunals.service.gov.uk/employment-tribunals2. County Court – this is an alternative way to claim and the advantage is that the time limit is a much longer 6 years and is usually used if you are out of time to claim in the Tribunal. The claim can be made online by going to: ***** ***** 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.
Customer: replied 1 year ago.
That's helpful. They have said they will provide a positive reference however I am worried that threatening legal action (and getting my dues could jeopardise that reference).
By the way, they have already sent me home without any paperwork or letter or P45 or anything.
Expert:  Ben Jones replied 1 year ago.
They can indeed refuse to provide a reference because there is no legal obligation on them to issue you with one. You have to decide what is more important for you tough - the notice pay or the reference
Customer: replied 1 year ago.
Okay, thanks. I need to do some reflecting. Can I come back here and continue this if needed?
Expert:  Ben Jones replied 1 year ago.
yes, you have 7 days to ask follow up questions relating to the above
Customer: replied 1 year ago.
Thank you. You've been most helpful. That's all for now.
Expert:  Ben Jones replied 1 year ago.
You are welcome