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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 58807
Experience:  Qualified Employment Solicitor
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I am being made redundant, what are my rights? i have had

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I am being made redundant, what are my rights?
JA: Have you discussed the termination with a manager or HR? Or with a lawyer?
Customer: i have had two meetings with HR to discuss it, they called them a consultation meeting
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: Full time employee with a contract. no im not part of a union
JA: Anything else you want the lawyer to know before I connect you?
Customer: no

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

How long have you worked for your employer and what is your specific query?

Customer: replied 1 month ago.
9 months, i am told i am being made redundant as a cost cutting exercise.

Thank you. I will get back to you with my answer as soon as I can, which will be at some point today. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.

Customer: replied 1 month ago.
Hi I received an email saying I had a response but nothing new has appeared??

Hi there, no response has been posted yet so not sure why you received that email, it may be a system glitch.

Going back to your query, if you have been continuously employed at you place of work for less than 2 years then your employment rights will unfortunately be somewhat limited. Most importantly, you will not be protected against unfair dismissal. This means that your employer can dismiss you for more or less any reason, and without following a fair procedure, as long as the decision is not based on a reason which makes a dismissal automatically unfair. These include:

· Discrimination due to a protected characteristic (i.e. because of gender, race, religion, age, disability, sexual orientation, etc.)

· Taking, or trying to take, leave for family reasons including pregnancy, maternity/paternity leave, parental leave, adoption leave or leave for dependants

However, if the dismissal had nothing to do with any of the above exceptions, you would not be able to challenge it. In that case your only protection would be if you were dismissed in breach of contract. That would usually happen if you were not paid any contractual notice period due to you (unless you were dismissed for gross misconduct, where no notice would be due). If you did not have a written contract in place you would be entitled to the minimum statutory notice period of 1 week. The employer would either have to allow you to work that notice period and pay you as normal, or they instead have to pay you in lieu of notice, where you are paid for the equivalent of the notice pay but your employment is terminated immediately.

So you do not really have many rights, apart from being paid for your contractual notice period and any accrued holidays.

Does this answer your query?

Ben Jones and other Employment Law Specialists are ready to help you
Customer: replied 1 month ago.
Thank you very much for the advice.

All the best