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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 74354
Experience:  Qualified Employment Solicitor
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I would like to know if "unvoluntary redundancy" is classed

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Good Morning :)
JA: Was this discussed with a manager or HR? Or with a lawyer?
Customer: I would like to know if "unvoluntary redundancy" is classed as a "lawful dismissal"? Thanks
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: Employee and I do not belong to a union
JA: Anything else you want the Lawyer to know before I connect you?
Customer: no. I simply would like to know if redundancy (voluntary or unvoluntary) fall under lawful dismissal. Thanks :)
Customer: replied 1 year ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call.
Customer: replied 1 year ago.
Let me know if you need more information, or send me the service offer(s) so we can proceed.

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.

Customer: replied 1 year ago.
sure, please do

What is the situation exactly? I will need to know the circumstances in more detail in order to best advise

Customer: replied 1 year ago.
I am currently working in a company, and I am one of the shareholder (low percentage: 0.15%). In my option agreement, it says that a bad leaver if I quote "the holder ceases to be employed by the company for reasons of gross professional misconduct, lawful dismissal, or resignation".
Customer: replied 1 year ago.
I am at the point to be made redundant and would like to know if it falls under "lawful dismissal"
Customer: replied 1 year ago.
is this question a bit too challenging?

Not at all. According to the Employment Rights Act 1996 there are five separate reasons that an employer could rely on to show that a dismissal was fair and legal: conduct, capability, redundancy, illegality or some other substantial reason (SOSR). SO redundancy, whether voluntary or compulsory, is one of the accepted legal reasons for termination and it will indeed be considered ‘lawful dismissal’.

Does this answer your query?

Customer: replied 1 year ago.
Perfect thank you very much :)
Customer: replied 1 year ago.
just one more question if needed. if the article of association and the option agreement contradict itself. Which one has to be followed?

In general it would be the agreement rather than the articles

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