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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46184
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I was made redundant on the 15th January. The company sited

Customer Question

I was made redundant on the 15th January. The company sited that they were going to out source a large part of my job and change the way they were going to run the rest. They gave me 12 weeks salary in lieu of notice which ended on 15th April for which I was not required to work. So far they have not outsourced this part of my job and now they have taken on a new member of staff to do another large part of my job which was running their small retail outlet situated at their offices. Other parts of my job have been given to other staff members. During the redundancy meetings I was told that there was no other suitable employment for me. Do I have a case for Unfair Dismissal against my old employer.
Submitted: 10 months ago.
Category: Employment Law
Expert:  Remus2004 replied 10 months ago.
How long have you worked there?
Customer: replied 10 months ago.
I was employed by the company for 17 years.
Expert:  Remus2004 replied 10 months ago.
Did your contract say you could be paid in lieu of notice?
Customer: replied 10 months ago.
My contract, dated 2008, states that they have to give me 12 weeks notice.
Expert:  Remus2004 replied 10 months ago.
ok I will have to pass this on, bear with me
Expert:  Ben Jones replied 10 months ago.
Hello, my name is ***** ***** my colleague has asked me to assist with your query as it is more my area of law. So to confirm there is nothing in there to say you could be paid in lieu of notice?
Expert:  Ben Jones replied 10 months ago.
Please note I am in tribunal today so a full reply may not be possible until later today, thank you
Customer: replied 10 months ago.
Ben. the wording in my contract is ' if written notice is given by you or the club to terminate your employment, the club may, notwithstanding any other terms of these terms and conditions and in its absolute discretion, require you to : continue to perform such duties as the club may direct or to perform no duties during the period of your notice provided that it shall continue to pay you your salary and provide all contractual benefits to which you are entitled during such notice period. Accept a payment of salary in lieu of notice and your employment shall terminate immediately but iwthout prejudice to any other claim to the club or you may have against the other.
Expert:  Ben Jones replied 10 months ago.
Many thanks for your patience. Sadly you will not be able to claim unfair dismissal and I will explain why below.You were made redundant and considering the circumstances there could have potentially been grounds for complaint if it was suspected that this was not a genuine redundancy after all. It is also important to consider that it would have only been unfair if these facts were known at the time of redundancy. It is certainly possible that things may have changed after you left which meant that the employer’s plans changed but as long as that was not the case at time of redundancy it could be allowed. Anyhow, this is not what will prevent you from claiming here. The inability to claim would be due to time limits for submitting a claim. A claim for unfair dismissal must be submitted within 3 months of the termination of employment. This is a strict time limit and it would not matter that you only found out you could have had a potential claim afterwards. In your case you were pad in lieu of notice, something allowed under contract, which means your employment would have terminated on 15 January. Had you been asked to work your notice period or placed on garden leave it would have ended on 15 April but in your case it ended in January. As such you are now out of time to make a claim, even if you would have had a valid one. Therefore, the tribunal will reject any claim for being outside of the strict 3 month time limit.I am sorry if this is not the answer you were hoping for but obviously I have a duty to provide an honest response, even if it is bad news. I still hope this has answered your query and 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
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46184
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Employment Law Specialists are ready to help you
Customer: replied 10 months ago.
Hi Ben.thank you for your answer. It seems that my previous employer knew this all along and timed they're actions accordingly. regards John.
Expert:  Ben Jones replied 10 months ago.
Hi John, sometimes that does happen unfortunately and whilst immoral, it is not unlawful so it is a shame it has happened to you. At least I hope this brings some closure

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