Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.
Are they offering you any redundancy?
Hello I received your reply in a separate question - could you please keep your responses to this specific thread and we can continue on here. I will jyst aste your post for my reference here for now:
Hi Ben, no they are not offering any redundancy, they are offering to change my permanent employment contract to, well I guess it would be called, an indefinite temporary contract
One more question - I presume you are working as an employee now rather than self employed?
Thank you. It is not a formal requirement that someone working overseas has to be taken off the employer’s UK payroll. It is entirely possible for them to remain on there and whilst the employer could decide to remove them due to personal or business preferences, it is not a legal requirement. Some more detailed reading on the subject can be found here:
If you are going to be moving from an employee position to a self employed one then that would amount to a dismissal. If there was a formal legal requirement to move you away from UK payroll then they could have justified this for a reason other than redundancy but in the circumstances they may be trying to make you redundant from an employee position and have fewer obligations, such as no holidays, sick pay, redundancy, etc as you do not get these as a contractor.
I would push for this switch to be made as a redundancy where you are paid a redundancy payment and given your notice period before agreeing to change to a contractor. At least then you would be compensated for giving up certain rights.
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