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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 70249
Experience:  Qualified Employment Solicitor
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I have been working with a charity for over 20 years in

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I have been working with a charity for over 20 years in Accra, Ghana. I was transferred to the London branch in September 2018. My role was changed to a higher position 18 months into the role. The company put me on the government furlough during the covid 19 crisis. I received a surprised termination letter on the 10th September without any prior notice or hint with 6 weeks notice.The grounds was financial difficulties on the part of the charity. What do I do considering the many years of investing my life in the work of the charity and I have contributed greatly to the acquisition of great physical assets to the charity. Please advice
JA: Have you discussed the termination with a manager or HR? Or with a lawyer?
Customer: No
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: Employee
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No

Hello, I’m Ben. It’s my pleasure to assist you today. I may also ask for some preliminary information to help me determine the legal position.

I'm sorry to hear of this. Can I just check, did you receive a new contract when you were transferred to the London branch in September 2018?

Customer: replied 6 days ago.

OK thank you for providing this information. Please do not worry and leave it with me for now; 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 6 days ago.
I received an employment contract

Many thanks for your patience, I am pleased to be able to continue assisting with your query now. Can I just check when did you actually move to the UK, when did you start the role here?

Customer: replied 6 days ago.
I move in September 2016 to start a PHD with the permission of the charity and later was reassigned in September 2018
Customer: replied 6 days ago.
Can’t pay £44 now

So you were in the UK, working for them and there was no break in employment between the contracts you did since 2016 and 2018?

Ben Jones and other Employment Law Specialists are ready to help you
Customer: replied 6 days ago.
Customer: replied 6 days ago.
They were still paying me from 2016 to September 2018 from Accra

Many thanks for your patience, I am pleased to be able to continue assisting with your query now. You should argue that you have continuous service of at least 2 years. If an employee has been continuously employed with their employer for at least 2 years they will be protected against unfair dismissal. This means that to fairly dismiss them the employer has to show that there was a potentially fair reason for dismissal and that a fair dismissal procedure was followed.

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: conduct, capability, redundancy, illegality or some other substantial reason (SOSR). The employer will not only need to show that the dismissal was for one of those reasons, but also justify that it was appropriate and reasonable to use in the circumstances. In addition, they need to ensure that a fair dismissal procedure was followed and that the outcome was one that a reasonable employer would have come to in the circumstances.

Even though they may use redundancy in the circumstances, they still have to pay you certain payments in that case.

When someone is made redundant, they will be entitled to the following payments by law as a minimum

{C}· Notice pay for the contractual notice period which must be at least as long as the statutory entitlement (1 week’s notice for every full year of continuous service, up to a maximum of 12 weeks)

{C}· Statutory redundancy pay, which you can calculate here: https://www.gov.uk/calculate-your-redundancy-pay

{C}· Any accrued holiday pay for untaken holidays in the current holiday year

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.