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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 61852
Experience:  Qualified Employment Solicitor
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I was made redundant on 9th of August 2019 and in the letter

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hi, I was made redundant on 9th of August 2019 and in the letter terminating my employment the reason stated was "a steady decline in activity since Easter..." (not sure exactly what activity they meant but they are porperty developers). And on of Aug there was press release that my ex-employer has posted record revenues despite a year of “political upheaval and economic uncertainty” (there are more details around that in the press stating increased margins and sales over the previous year). Do i have a case for lying about the reason for dismissal with the referance to In a recent Employment Appeal Tribunal (EAT) decision, Rawlinson v Brightside Group. BTW, my ex-employer has been voted one of the top 3 employers over the last 2 years. thank you
JA: Have you discussed the termination with a manager or HR? Or with a lawyer?
Customer: not yet
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: i was an employee, made redundant on 9th of Aug 2019
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 had you worked for this employer?

Customer: replied 3 months ago.
less than 1year, 9 months less 4 days. I have passed 6 months probation and had good performance review which was documented
Customer: replied 3 months ago.
unfortunately, i wont be able to pay any addtional money at this stage
Customer: replied 3 months ago.
I understand that as part of membership I am entitled to 2 free phone calls, which I have not made use of yet

Thank you. I am not available for a phone call at present but leave it with me for now and 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.

Many thanks for your patience. Sadly you will not be able to claim in accordance with this case law, or at all, as the technicalities that led to that claim being successful were somewhat unique and do not apply here.

In your case, firstly you have no unfair dismissal protection as you have less than 2 years’ service.

Secondly, you have not suffered any losses because of the wrong reasons given by the employer (i.e. you still received your notice period due). You may have suffered losses by being dismissed but remember that regardless of what reasons were used, there is no unfair dismissal protection so you cannot claim that.

What was different about the case law is that through the misleading reasons the employee resigned without notice and missed out on their notice period. That is what they were awarded there but if you were paid your notice period then there would be no losses you can claim for, even if the wrong reasons for dismissal were used.

Does this answer your query?

Customer: replied 3 months ago.
It does, thank you Ben. Much appreciated. I am not going to pursue this further

All the best

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