Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.
What specific options are you asking about?
In respect of what exactly please?
Hi I did read your initial statement but there was no mention there of redundancy or voluntary early termination, so that is what I needed to know.
When you say they are going to fire you are they actually going to be making you redundant?
If an employee has been continuously employed with their employer for at least 2 years they will be protected against unfair dismissal. This means that to fairly dismiss them their employer has to show that there was a potentially fair reason for dismissal and that a fair dismissal procedure was followed.
According to the Employment Rights Act 1996 there are five separate reasons that an employer could use to show that a dismissal was fair: conduct, capability, redundancy, illegality or some other substantial reason (SOSR). The employer will not only need to show that the dismissal was for one of those reasons, but also justify that it was appropriate and reasonable to use in the circumstances. In addition, they need to ensure that a fair dismissal procedure was followed and this would depend on which of the above reasons they used to dismiss.
If there is a need to reduce the number of employees then that would be a redundancy situation. The employer will have to make you redundant. They may try and one of the other reasons to avoid paying redundancy but if there is not enough evidence to justify that and it is clear it was done purposefully to avoid redundancy it can be challenged.
So if they end up terminating your employment it should be done under redundancy and you should be paid redundancy pay. If they fail to do so or try to use some other reason, which has been engineered t remove you without having to pay you redundancy, then that can be challenged as potential unfair dismissal.
This is your basic legal position. I have more detailed advice for you in terms of the rights you have should you be unfairly dismissed, 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
Hello, I see you have read my response to your query. Please let me know if this has answered your original question and if you need me to discuss the next steps in more detail? In the meantime please take a second to leave a positive rating by selecting 3, 4 or 5 starts from the top of the page. The question will not close and I can continue with my advice as discussed. Thank you
Hello, do you need any further assistance or are you happy with the above response? Look forward to hearing from you.
If you are not made redundant when you should have been and the employer tries to use another reason to dismiss you, an appeal can be submitted to the employer straight after the disciplinary outcome is communicated. If the appeal is rejected a claim for unfair dismissal can be made in the employment tribunal. The time limit to claim is 3 months from the date of dismissal and the claimant needs to have at least 2 years' continuous service with that employer.
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:
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.
You do not formally require legal representation to pursue an unfair dismissal claim, if you do use a solicitor then they can get involved from the time you are dismissed.