Ask a Law Question, Get an Answer ASAP!
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?
Yes I did v
My eoyme t
My employment finished on 27/02/14. Yes I vkt
I was made redundant 27/02/14. I got the statutory redundancy payment.
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
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
The company even trained me
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
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
ok that won't change anything though
claim form is here:https://www.employmenttribunals.service.gov.uk/employment-tribunals
you are welcome