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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 50157
Experience:  Qualified Employment Solicitor
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I am recently made redundant by my employer, based on

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I am recently made redundant by my employer, based on unavailability or assignments/ projects in Yorkshire area and I was asked to relocate to London for my next assignment, which I could not accept due to my personal constraints. The employer initiated 1 month consultancy phase with me which got over and I have been given the final letter which has details of my statutory pay.I was employed with this company for 13 full years, however moved to UK office in 2009 (8 years back). When the redundancy pay is calculated, the employer has considered this 8 years rather than my total service which is 13 years. This would make a difference of approx. £2500/- in the final payout.Would need your valuable advice here, if I have a right to pursue this.
Really appreciate it.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

When did your employment terminate?

Customer: replied 4 months ago.
Today, December 8th 2017. I got the final settlement letter yesterday with details of statutory pay.

Where were you based for the initial 5 years?

Customer: replied 4 months ago.
The employer is one of the major India based IT Service Provider who are also a registered company in the UK and having multiple offices in the UK. The initial 5 years, I was working from the office in India. In 2009, I moved to the UK on a Work Permit and later became an Permanent Resident.

So was the employer exactly the same, or were you employed by the Indian legal entity at the time?

Customer: replied 4 months ago.
Employer exactly the same. The company is a Global IT Company, headquartered in India. Having offices across the globe and registered in many countries. Likewise in UK as well. Employees in India are send on short/ long term assignments to work with customers in the UK. Thats how I came to the UK in 2009. Basically, I moved from the office based in India to the office based in UK.

For redundancy purposes, your continuous employment with this employer would matter. It would not be an issue if this was abroad, as long as the employer was the same. What could create potential difficulties is if you were employed by the Indian-registered company at the time, then moved to the UK-registered one later in which case the employer could try and argue that it was a different employer. However, if the company was the same, it did not change employers legally, you should be considered to have continuous service because it was the same employer, hence the full 13 years should be used in the calculation.

Please take a quick second to leave a positive rating for the service so far by selecting 3, 4 or 5 stars above. I can continue answering follow up questions and in particular can also discuss the options you have on taking this further. There is no extra cost for this - leaving your rating now will not close the question and means we can still continue this discussion. Thank you

Ben Jones and other Employment Law Specialists are ready to help you
Customer: replied 4 months ago.
Thanks Ben. Will global companies headquartered in a country be treated as a different company if they are registered under the same name in another country? Even in the company website, the UK and other global offices are mentioned as the company's offices in those geographies.
It certainly is possible. A company may trade under the same brand but legally it can be a completely separate legal entity because it is registered as a separate company. In that case there is still an argument it is an associated employer under which employment still counts as continuous service but for that it needs to be a company which is under the control of the same people or companies. It can be a bit technical proving that but it is an option
Customer: replied 4 months ago.
The company is under control of the same ownership globally. All the global offices, including the ones in the UK are part of its list of offices across geographies. This is also evident from the website of the company. This is an IT giant, having more than 160,000 employees globally and revenue close to 8.5 Billion USD.

Thank you. The relevant law on associated employers is here:

http://www.legislation.gov.uk/ukpga/1996/18/section/231

You will see that as long as both are companies of which a third person (directly or indirectly) has control, then they can be construed to be associated employers, in which case your employment with both of them (assuming no break in between), will be continuous.

You can raise this argument with them first but if they refuse to accept it, your only option is to make a claim in the employment tribunal.

Before a person can make a claim in the employment tribunal, they would be required to participate in mandatory early conciliation through the Advisory Conciliation and Arbitration Service (ACAS).

The purpose of this process is to allow ACAS to mediate between the claimant and respondent to agree on an out of court settlement in order to avoid the need for legal action in tribunal. The respondent does not have to engage in these discussions, or if they do and the talks are unsuccessful, the claimant will be issued with a certificate allowing them to make a claim.

However, if a settlement is reached, the claimant would agree not to proceed with the claim in return for the agreed financial settlement. Other terms can also be agreed as part of the settlement, such as an agreed reference.

To initiate the conciliation procedure ACAS can be contacted online by filling in the following form (https://ec.acas.org.uk/Submission/SingleClaimantPage), or by phone on 0300(###) ###-####

Customer: replied 4 months ago.
Thanks a lot Ben. Much appreciated. Will contact you again, if I need more advice.

No worries, all the best for now

Customer: replied 4 months ago.
Hello again Ben. I hope you still have the details of the enquiry that I made with you earlier about the redundancy payment. The employer has now issued a settlement agreement, agreeing to the full 13 years of redundancy payment. Would like to know if you are qualified and can legally verify and advice about this settlement on my behalf. The employer will take care of the legal fee plus VAT, subject to when a full invoice is send to them. Please advise.

Hi there, thanks for considering me for this - whilst I would generally be able to do this, there are two issues - first of all I cannot take on any work from customers through this site and secondly, you need to see someone in person to be advised over this, so you need someone local to you. You should have no issue finding a local employment lawyer as it is pretty straightforward work for us. All the best

Customer: replied 4 months ago.
No problem. Thanks Ben.

no worries