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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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I started working publishing company in April 1995, in March

Resolved Question:

I started working for a publishing company in April 1995, in March 2005 they sold a division to a DVD company and I went with the sale to carry on running this division in June/ Jul 2007 the new company went into administration (the administrators kept me on board), in August the same year the assets were purchased and I was asked by the new owners (based in Isle of Man) to carry on running the same division. In March 2008 the new owners asked me to go self-employed as a contractor supplying the same services and at the same salary etc as I was doing between August 07 and Feb 08 - and was issued a new contractor contract.
As I have carried on being self employed contractor since Feb 08 for the same company if my contract were to be terminated I understand I would not be entitled to any form of redundancy payments although essentially I have not sought to change my employers since April 1995? Is my understanding correct
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today. If you are genuinely self employed then you are correct, because redundancy is only payable to employees and if your employment status is different, such as self employed, a contractor, an agency worker, a volunteer, etc you do not get the legal entitlement to a redundancy payment. Maybe when you changed from an employee to self employed you could have argued for redundancy because your employment position was being closed and it could have amounted to a redundancy, but it is way too late to challenge that now as there are strict time limits to make a redundancy claim, which would have passed years ago.

I'm sorry if this is not necessarily the answer you were hoping for, however I do have a duty to be honest and explain the law as it actually stands. This does mean delivering bad news from time to time. I hope you understand and would be happy to provide any further clarification if needed. If you are still satisfied with the level of service you have received I would be grateful if you could please take a second to leave a positive rating by selecting 3, 4 or 5 starts at the top of the page. Thank you

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