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MatthewM1117
MatthewM1117, Advocate
Category: Employment Law
Satisfied Customers: 1412
Experience:  Expert
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I have been made redundant (along with everyone else so no

Customer Question

HI - I have been made redundant (along with everyone else so no issues) I then received a letter telling me I will get my 3 months payment in leu which I was happy with on the 13th June. Then on the 15th June I received another letter saying that an issue has come up and that on the 17th May I became drunk & abusive towards my colleagues and that it has amounted to gross misconduct. A claim that is totally fabricated. I would like to point out I have not been made aware of any issues prior to this letter. I passed my probation at the end of May (after 3 months) They stated that this overrides my previous letter & that I will no longer receive payments in lieu of 3 months notice. I know they had issues with paying my 3 months notice & this just seems to be a way to get out of the contractual commitments.
JA: Was this retaliation? Or based on age, race, religion, gender, or disability?
Customer: They tried to say I had been notified of redundancy back in May - but I received nothing official until 13th June
JA: What kind of workplace is this (private sector, public sector, etc.)? How many employees?
Customer: Private - 8 employees
JA: Where are you located? Workplace termination laws vary by location.
Customer: London
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: no - not really
Submitted: 19 days ago.
Category: Employment Law
Expert:  MatthewM1117 replied 18 days ago.
Good afternoon thank you for contacting Just Answer my name is***** am a practising solicitor with several years experience and I will be assisting you today. Please note that this is a Q and A platform and no lawyer client relationship is created. I am sorry to hear about your circumstances, if they failed to pay your notice pay you could pursue a claim for breach of contract. The question would arise as to what was the real reason for dismissal, was it for the alleged misconduct (be f so then you would not be entitled to notice pay) or was it due to the redundancy.
Customer: replied 18 days ago.
I was made redundant with immediate effect. Suddenly out of the blue this letter was sent to me re gross misconduct…….Jist as an additional point the company is being wound down so the redundancy in a way has been forced on all staff.
Customer: replied 18 days ago.
It does appear to be a way to get out of payment. I have been in the City for almost 30 years & have never had a complaint in any way
Expert:  MatthewM1117 replied 18 days ago.

Thank you for the clarification, should the company go into liquidation there would be little prospects of obtaining any monies from the company.

Customer: replied 18 days ago.
It is solvent- I spent the last month ensuring all contracts with third parties are terminated/paid up accordingly. It’s more like reducing any liability to the investors/founders get as much money back as possible
Expert:  MatthewM1117 replied 18 days ago.
As long as the company is solvent you could pursue proceedings. Did you appeal the dismissal letter?
Customer: replied 18 days ago.
Only just received it…
Customer: replied 18 days ago.
I have had no discussion whatsoever re the gross misconduct- I was not aware of any issues what so ever. Why would my probation have been signed off if there was any issues or complaints? Just does not make any sense
Expert:  MatthewM1117 replied 18 days ago.

I would advise that you appeal the dismissal letter (you usually have around 5 days to do this). If the company cannot provide any form of evidence, this would assist you in demonstrating that the real reason for the dismissal was due to the company being unwilling to pay the notice pay.

Customer: replied 18 days ago.
Thank you
Expert:  MatthewM1117 replied 18 days ago.
Glad to be off assistance, we wish you all the best going forwards.
Customer: replied 18 days ago.
You too!
Expert:  MatthewM1117 replied 18 days ago.
Many thanks.