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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 44865
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I worked for JCB from 2006 to December 2012, when I left by

Customer Question

I worked for JCB from 2006 to December 2012, when I left by my own choice
In March 2014 I was asked to rejoin the company and I started on 3rd march
Tuesday 14th and 15th October I was in our head office an was told i would not be made redundant, and in fact they want me to relocate to either Turkey or USA.
The 16th and 17th i took as personal holiday
Monday 20th October I was informed I was being made redundant, Monday was my last day
Should there not be a consultation period?
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.
Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today. firstly can you tell me have they told you when you are to be made redundant.

JACUSTOMER-e2vkbiga- :

I was notified at 6pm monday evening and asked to leave there and then

Ben Jones :

ok thank you for that information.please leave it with me. I am in a tribunal today so will prepare my advice during the day and get back to you this afternoon. There is no need to wait and you will receive an email when I have responded. Thank you

JACUSTOMER-e2vkbiga- :

Also I was employed by the UK side of JCB ie on a UK contract, but worked for JCB Russia, they never paid me anything extra for working overseas.

JACUSTOMER-e2vkbiga- :

I was informed by the redundancy by 2 JCB Russia employees, who had been instructed to do it by the UK, there has not even been any communication on how I should repatriate back to the UK

JACUSTOMER-e2vkbiga- :

The reason for redundancy is a decline in the Russian market

Ben Jones :

Thanks for your patience. Whilst a redundancy situation would generally require an employer to take the affected through a consultation period, this is a right which you can only challenge by making an unfair dismissal claim. Unfortunately until you have 2 years’ continuous service you are not protected against unfair dismissal and cannot make such a claim. Your previous service will not count and for these purposes your employment would have commenced in March 2014 so you will not have the required length of service. It means that even though the employer may not follow a fair redundancy procedure, you would not actually be able to challenge that as you do not meet the minimum criteria in law to do so. The employer could therefore proceed directly with making you redundant without having gone through the required consultation process.

Hope this clarifies your position? If you could please let me know that would be great, thank you

JACUSTOMER-e2vkbiga- :

And what about the fact 3 days before i was informed they are were talking to me about taking up another position in the USA or Turkey ?

JACUSTOMER-e2vkbiga- :

I would also like to add that the people who informed me of my redundancy were employed by the Russian office and no from the UK office, Russian office is a seperate entity

Ben Jones :

Unfortunately all of these issues are irrelevant as far as your legal position stands - the most important factor is your length of service, if you do not meet the minimum criteria of 2 years continuous service then the employer can dismiss you in any way or for more or less any reason. So the fact they said you may be moving elsewhere or who deals wt the redundancy are irrelevant from legal perspective as they do not change your legal position I'm afraid

Ben Jones :

Hope this clarifies your position?

Ben Jones :

Hello, I see you have accessed and read my answer to your query. Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? I just need to know whether to close the question or not? Thanks

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