Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. How long is your contractual notice period and are they allowed to pay you in lieu of notice? Also are you the only one doing your job or is the younger girl doing the same job as you?
When you say she is a temp is she an agency worker and is she going to remain doing the job if you are to be made redundant?
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.). In the event that the reason for dismissal fell within these categories, then the dismissal will either be automatically unfair, or there will be a potential discrimination claim.
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.
So if I was advising the employer and they wanted to dismiss you, I would make sure they issue you with notice of termination before 4 July to ensure the month’s notice ends your employment before you have the right to challenge the dismissal.
Even if you had the correct service, a redundancy is a situation where the employer requires a reduction in employees, so as an agency worker is not an employee they can remove the employee doing a job and replace them with a temp or a contractor – none of that would be illegal.
So to answer your questions, you do not have to give them information about your job, no one can force you to do this but they could just make a decision based on the details they already have. If you do manage to stick this out beyond 4 August then they will have to pay you redundancy pay but if they were properly advised or knew the law, they should be looking to terminate you before that date.
I hope this has answered your query. I 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
Well you need some evidence to argue age or part time worker discrimination – anyone with these characteristics can raise these arguments but it does not mean they are the valid reasons for their decision. So some evidence where they may have implied they prefer younger workers or a full time employee for this.
Redundancy is calculated here:
Please leave your rating for the responses so far and I can continue assisting with how to challenge this if you get over the 2 year service hurdle.
it is important to know if the contract allows for payment in lieu of notice so please check. Also please leave your rating as otherwise I cannot continue with more follow up explanations, thanks
if you are please able to upload the contract that would be better
Hello, please note that without a rating for the advice so far I will have to leave the question and won't be able to continue so please leave that and I can answer all your follow up questions thanks
Thank you. There is no minimum number of consultation meetings an employer must hold and all that is required is that meaningful consultation is held, so it could be just one meeting. Also all of this is linked to the fairness of the dismissal procedure so if they dismiss you before the 2 years are up, it does not matter whether they followed a fair procedure or not, they could dismiss you even with no consultation meetings. So whilst you can get signed off, if they wanted to they could just skip the consultation, or hold it remotely, and still issue you with notice of redundancy before the deadline to take you over the 2 years. Looking at the contract they cannot pay you in lieu of notice so they must allow you to work your notice period therefore the key is whether you can delay them to issue the notice on or after 7 July, because that will take you to having 2 years’ service on dismissal.