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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 64637
Experience:  Qualified Employment Solicitor
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My employer based in London is unable to locate my

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Hi My employer based in London is unable to locate my employment contract ( I'm full time) can they still make me redundant without it and if so what other documents do they need to produce ?Can I temporarily halt the process if they can't produce any documents ?thanks

Hello, I’m Ben, a UK lawyer and will be dealing with your case today. I may also need to ask some questions to determine the legal position.

How long have you worked for your employer?

Customer: replied 7 days ago.
Hi Ben ,yes that is fine - since December 2007 - so over 12 years
Customer: replied 7 days ago.
Actually I would just to communicate via the web for now thanks

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.

Many thanks for your patience. You do not need a contract to be made redundant – redundancy can occur at any time and without a contract in place. So the lack of that document would not halt any proposed redundancy process. All the employer has to do is show that there is a genuine redundancy situation and follow a fair redundancy procedure.

 

According to the Employment Rights Act 1996, redundancy occurs in the following circumstances:

 

1. Business closure – where the whole of the employer’s business is closed

2. Workplace closure – closure or relocation of the location where the employee worked

3. Reduced requirement for employees to carry out work of a particular kind

 

Generally, redundancy occurs when an employer decides to reduce the number of its employees, either within the business as a whole, or within a particular site, business unit, function or job role. There are various reasons why this may happen, such as economic pressure, changes in the nature of products/services offered, internal reorganisation, workplace relocation, etc. The reason for the proposed redundancies will rarely be challenged and the employer will simply have to justify that the actual reason satisfied one of the statutory definition of redundancy above.

 

So as long as the employer can show that their situation fell within one of the definitions of redundancy, the test will be satisfied and the focus then shifts on the remainder of the redundancy procedure. This would look at how the employer consulted with employees, whether any suitable alternative employment was offered to those at risk and the general fairness of the redundancy procedure applied by the employer.

 

Does this answer your query?

Customer: replied 7 days ago.
Hi Ben yes you have answered my question thank you for your help kind regards PW

All the best

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