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james bruce
james bruce, Solicitor-Advocate
Category: Employment Law
Satisfied Customers: 5163
Experience:  Owner at James Bruce Solicitors
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I have been made redundant from my job as a nanny on

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I have been made redundant from my job as a nanny on 01/06/20 after 2 years one month of continuous employment. I have been asked to sign a Settlement Agreement which needs to be signed by myself and a solicitor. My employers had placed me on 6 weeks furlough prior to my redundancy date, in that time they employed another nanny to cover my furlough period. I strongly believe that my position is still available and that once the Agreement is signed they will continue to employ this other nanny. What is the legislation regarding this matter??
JA: Have you discussed the termination with a manager or HR? Or with a lawyer?
Customer: I do not work for a cooperation but a family
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: I do not belong to a union. I was made redundant on 1/6/20, so now unemployed
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No thanks

Hello,

I will assist today.

From what you say, it could appear that this is a shame redundancy. They have taken someone else on whilst putting you on furlough. Now telling you that you are redundant.
It could very well be a case for unfair dismissal.

james bruce and other Employment Law Specialists are ready to help you
Customer: replied 1 year ago.
Hi James, further to the above the Settlement Agreement which I need to have read and signed by a solicitor is in essence a gagging contract and would not allow me to bring a case against them, once signed. Also the employers will not release any funds until this document has been signed, is this normal procedure? Another clause which is quite worrying is to do with Tax. From what I can understand from the agreement the employers are stating that I would be liable for any tax and NI that HMRC request. Surely the employers are liable for any Tax and NI. Please can you confirm.
Many thanks

This type of document is common when someone wants to keep something quiet.

It is up to you if you sign or not. If the offer is very good and you think you would find a new job quickly.

If not, then consider employment tribunal.

How were you employed. Were you paye, where deductions for tax and NI were stopped at source each week, if so, they are responsible to settle tax and NI. They could be attempting to wriggle out of employers tax and NI contributions.