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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46785
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I have just today been told my employer that my permanent

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I have just today been told my employer that my permanent position will be terminated as of today with a 4 week notice period that will be classed as gardening leave. I've been in employment since 5th Oct 2015.
They told me in the meeting that they were happy with my current work in my position of technical account manager and the only reason why my role was being terminated was due to the fact that the business wanted to hire an Solution Architect into the team, as they're taking a new 'more technical' direction, therefore there is no more need for the role of a Programme Manager which is a lot more project based and organizational role.
The problem I have is that the letter they gave to me just stated that my role was terminated. However they have agreed to send a new letter stating that my role was made redundant hence why I'm being terminated.
Within in my employment contract it makes no reference to redundancy procedure at all; and they keep saying I'm being terminated, 'NOT' redundant. However, the reasons they've given for my leaving the business is that of redundancy.
My issue is that if my company has indeed made me redundant they don't seem to have followed the correct procedure, is this correct? As my worry is that they are saying terminated, rather than redundant due to some loophole they don't want to continue down. They've offered me 5 weeks ex gratia payment as compensation, but they say I have to sign a 'release' form which will state that I'm not allowed to produce any liable case against them and that this ex gratis payment is a final payment. Can they do this out of the blue?
Submitted: 8 months ago.
Category: Employment Law
Expert:  Ben Jones replied 8 months ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Expert:  Ben Jones replied 8 months ago.

What are you ideally hoping to achieve?

Customer: replied 8 months ago.
I'm hoping to ensure that I'm treated fairly and perhaps see if there was away I could stay at the business longer than the 4 weeks notice they've given. The thing is I have stocks of 850 that were allocated at the start of the employment and they won't mature until 1st Nov. i.e. the business said these stocks will dissolve upon the end of my employment prior to that time. Therefore my initial end date of 5th October does not seem fair. I'm looking to see if there is away that I could potentially claim for unfair dismissal since my work isn't at fault.
Expert:  Ben Jones replied 8 months ago.

Thank you. he main 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.). It does not matter whether they say it is because of redundancy, or any other reason - they can use whatever reason for termination they want to and they would not have to follow a fair procedure. So do not get too bogged down with that they are saying is the reason – it does not change your rights in any way in the circumstances.

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. If you did not have a written contract in place you would be entitled to the minimum statutory notice period of 1 week. Your employer would either have to allow you to work that notice period and pay you as normal, or they will have to pay you in lieu of notice.

In terms of paying you anything on top of that, that is entirely voluntary and down to them. They can indeed make it a condition that to receive such pay you have to sign away your rights for claiming in the future. If you do not agree to this they simply do not have to make any additional payment. In the circumstances you will unlikely have any claims against them anyway so you may as well agree to this for the sake of getting 5 weeks extra pay for nothing.

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

Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46785
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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