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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48156
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I work as a cleaner to a School in Brixton, my old company

Customer Question

Good afternoon
I work as a cleaner to a School in Brixton, my old company lost the contract so covered by TUPE the employees were transfered to a new company.
The new company wants to reduce expenses dismissing 3 employees, but they do not want to pay a compensation. Is it legal?
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.

Expert:  Ben Jones replied 1 year ago.

How long have you worked there?

Customer: replied 1 year ago.
Hello
Customer: replied 1 year ago.
I started working to that site (School) one month before the new company started
Customer: replied 1 year ago.
I used to work to the old company for 3 years in other sites
Customer: replied 1 year ago.
Are you there?
Expert:  Ben Jones replied 1 year ago.

Hi there. Apologies for the delay and thank you for your response. I will review the relevant information and laws and will get back to you as soon as I can. Please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you

Expert:  Ben Jones replied 1 year ago.

Hi there, if the new company has more employees than they need following the TUPE transfer, it is legal for them to consider reducing the workforce by making people redundant. They should not select the new incoming employees automatically and should apply a fair selection procedure, for example a scoring exercise based on performance or other factors. Once they have selected who will be removed they will have to make those people redundant. In terms of compensation they will be due their contractual notice periods and if they have more than 2 years’ continuous service, they will also be due a redundancy payment. The continuous service will include time with the new employer as well as time with the employer for which they worked before the transfer. So if you are one of the employees who is being dismissed and you have more than 3 years’ service, you should be due a redundancy payment.

This is your basic legal position. I have more detailed advice for you in terms of the rights you have to pursue this further if they do not pay you 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 is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you

Ben Jones and other Employment Law Specialists are ready to help you
Customer: replied 1 year ago.
They are selecting the 3 last employees that signed in to that site.
Expert:  Ben Jones replied 1 year ago.

that alone is likely to be unfair because it means the employees will be getting automatically dismissed as a result of the transfer and that is unlawful. Assuming the employees have more than 2 years service they can claim unfair dismissal and also for a redundancy payment. This needs t be done in the employment tribunal within 3 months of the dismissal.

A new feature in the employment tribunal’s claims process is mandatory early conciliation with ACAS. This requires prospective claimants to notify ACAS and provide details of their intended claim and they would then try to negotiate between the claimant and respondent to seek out of court settlement in order to avoid having to take the claim to the tribunal. It is possible for the parties to refuse to engage in these negotiations, or that they are unsuccessful, in which case they would get permission to proceed with making the claim in the tribunal.

If negotiations are initiated and settlement is reached, then the claimant would agree not to proceed with the claim in return for the agreed financial settlement.

The conciliation procedure and the form to fill in can be found here:

https://ec.acas.org.uk/Submission/SingleClaimantPage

In terms of the time limits within which a claim must be presented, the early conciliation process places a ‘stop’ on that and the time between notifying ACAS and them issuing permission to proceed with the claim would not count for the purposes of these time limits.

Customer: replied 1 year ago.
if they fire me, my I demand them to give me the dismissal letter before I stop working?
Expert:  Ben Jones replied 1 year ago.

you can ask but they cannot be forced to do this

Customer: replied 1 year ago.
how can I prove that I was fired without the letter?
Expert:  Ben Jones replied 1 year ago.

Well there must be some communication from them that they no longer need you plus the fact that you no longer get any shifts or get paid by them will also show that you are no longer working there

Customer: replied 1 year ago.
In case of unfair dismissal, without a letter I will not be able to prove it.
Customer: replied 1 year ago.
To prove it in court
Expert:  Ben Jones replied 1 year ago.

Well it is not that difficult to be honest, you are either working for them or you are not, as i said if you are mo longer getting work from them or getting paid then you will no longer be working for the,. You do not need a letter of dismissal to be able to claim

Customer: replied 1 year ago.
Mr. Ben, Is it legal a company advise the employee Tuesday night that they will not pay his salary Friday because they need a criminal record from him?
Expert:  Ben Jones replied 1 year ago.

No not unless the contract was conditional on a criminal record and it said that nonpayment will be made if no criminal record exists

Customer: replied 1 year ago.
Can I suit them?
Customer: replied 1 year ago.
I mean sue them
Expert:  Ben Jones replied 1 year ago.

Yes for the pay you are due