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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48761
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I was emloyed by one company and then seconded to an other

Resolved Question:

I was emloyed by one company and then seconded to an other company for 17yrs. I was then made redundant this year by the company I was employed by. Do I have any claim against the company I was seconded to after 17yrs of working for them..
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones : Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. What do you want to claim for from them?
Customer: Not sure....firstly I would like to know if there is anything I can do
Customer: Is there anything?
Customer: Ben are u still there?
Ben Jones :

Hi sorry I was offline by the time you had replied. When did your employment terminate and were you paid redundancy by your original employer?

Customer:

Yes I did v

Customer:

Yes I

Customer:

My eoyme t

Customer:

My employment finished on 27/02/14. Yes I vkt

Customer:

My em

Customer:

I was made redundant 27/02/14. I got the statutory redundancy payment.

Ben Jones :

when you are on secondment, your employment would usually continue with your substantive employer, the one which you were sent on secondment from. That is unless there is a specific agreement where your employment with them was terminated and you started to be employed by the employer that you were seconded to. It could also be the case that the whole employment relationship was such that the new employer had become your legal employer, but that would depend on how you were treated, who had control over you, and so on - it is a legal test that only a tribunal can undertake and decide on. As you were paid redundancy pay all you can do now is make a claim for unfair dismissal if you can show that there was no redundancy or that a fair procedure was not followed. This would be against your actual employer - likely the original employer but it could also be the new employer, as mentioned above. Only the tribunal can decide which one was your actual employer and then you can continue the claim against them

Customer:

In the 17yrs i was employed I havent done any work at all for them. A the work was for the company I was seconded to the

Customer:

The company even trained me

Customer: Sorry I meant to say....in the17yrs I was employed I have never done any work for them. All my 17yrs I worked for the company I was seconded to the even trained me
Ben Jones :

there are a number of tests that a tribunal can use to determine who was your actual employer but as mentioned they are the only ones that can decide that so you will have to make a claim against them both if you wanted to and then allow the tribunal to decide who was the actual employer and who the claim should be allowed to proceed against

Customer: Will a tribunal cost loads
Ben Jones :

yes, to make a claim and take it to a hearing it would be over £1k, if you decide to have legal representation obviously the costs would add up but you don't need to be represented you can make the claim yourself

Customer: The company's I will be taking to this is She'll & Woodgroup
Ben Jones :

ok that won't change anything though

Customer: Okay thanks ....
Ben Jones :

No problem

Customer: I think I will do that. I have until the 24th to present my case to the tribunal.
Ben Jones :

claim form is here:

https://www.employmenttribunals.service.gov.uk/employment-tribunals

Customer: Thanks again
Ben Jones :

you are welcome

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