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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47902
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I work as a seamstress, if my employer makes me redundant

Resolved Question:

I work as a seamstress, if my employer makes me redundant and pays me accordingly, can I then rent a room from that same person and continue to do the same job, but as self employed?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today. Is the employer happy for you to do that?

Customer: replied 1 year ago.
She has said she will rent me the room if I put in my notice then go self employed.
Expert:  Ben Jones replied 1 year ago.

Sorry my connection dropped earlier. You say she expects you to hand in your notice, if you do so will you be resigning rather than being made redundant? Also if you are made redundant are you entitled to a redundancy payment?

Customer: replied 1 year ago.
I am as I have worked there a long time.
Expert:  Ben Jones replied 1 year ago.

Thank you. What you are proposing to do is entirely feasible but here are several considerations you must take into account first:
• Make sure you are not resigning but that you are actually being made redundant because you do not get a redundancy payment on resignation
• The official definition of redundancy is where the employer requires fewer employees than it has to do a particular job. If you were ending your employment and then being re-employed in the same job as an employer then the redundancy would be questioned. However, if you are going to be self employed then you are no longer an employee so it would look better. Therefore, make sure you are genuinely self employed and that you do not continue working there as an employee instead.

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

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