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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 44874
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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the building firm I use to work me redundancy papers

Customer Question

the building firm I use to work for served me redundancy papers on the 9th/feb/2015. voluntary liquidation on 27th/feb/2015. The reason for the sudden liquidation is because the firm is due to appear before an industrial tribunal regarding non payment of holiday pay and the incorrect classification of employees status., to be concluded on the 5th/march/2015. I myself have worked for this firm for over 10 years continuously doing a 40 hour week, being supplied with a company van, job sheet, and materials needed to complete the work. During my period of employment for tax reasons the firm classed me as a self-employed person without the benefits of been cards in, , due the involvement of the union and their actions to take the firm to a industrial tribunal I was given a contract of employment starting 01/11/2005. will my redundancy include my 10 years of continuous work for this firm even though they blatantly manipulated the work employee status. My question is will the lack of correct employee status affect my redundancy payment from the redundancy payment board, also roughly how does it take for the average claim to be settled. thank you for any advice. errol
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today. Whether your continuous employment with the company will go back the full 10 years will depend on what your actual employment status was during that time. That does not depend on what you were labelled as by your employer – they could try and say you ere self employed when in fact you were an employee but you would still be an employee even if according to your employer you were self employed. So your status depends on the circumstances of your employment, how you were treated, etc. A useful tool to try and work out your employment status can be accessed here:

https://www.gov.uk/employment-status-indicator

So if it is found that your status was that f an employee, even I the employer had labelled you as self employed, then you can get redundancy which would be calculated based on your full continuous service as an employee, which can go back 10 years.

As to how long a claim takes to process, it can take a while but it depends on how many other claims they have, staff availability, whether anything needs to be resolved (e.g. your employment status in this case). So you are looking at several months at least I would say – it is not the quickest of processes so be prepared for that.

Ben Jones :

I hope this clarifies your position? If you could please quickly let me know that would be great, as it is important for us to keep track of customer satisfaction. Thank you

JACUSTOMER-8h6wkwuy- :

you have not told me anything of value, I paid £18 for you to tell me that information, I hope it was only £18 not sure if I cliked the right button. Please confirm how much this valuable information has debited from my account. Thanks for your help.

Ben Jones :

Hi I do not have access to your account but from the value of the question it does appear that you paid £18 to submit the question

Ben Jones :

But you could have signed up for a subscription as well, I do not know if you did or not, I can contact customer services to ensure you are not on one if you do not want to be?

JACUSTOMER-8h6wkwuy- :

thanks if you could I would be most grateful, sorry for sounding un appreciative but I had that basic information already.I do not want to be on a subscription plan. I do not have that many law related question.

Ben Jones :

yes I will contact them no problem. Happy to clarify any other queries you have in relation to this if needed?

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