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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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Im about to be made redundant from a large charity but they

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I'm about to be made redundant from a large charity but they told me today they won't pay me any redunancy apart from one month's notice will be paid instead of working it. This notice is due to me on 26.3.13.

I took on the post of Strategic Planning & Development Manager (Deputy CX) in October 2008, on a freelance basis, initially as a 6-month trial of a new post, but then things drifted on without the promised review and I never left! I didn't charge them consultancy rates, just the rate for the post £14 p/h plus equivalent of their oncosts which took it up to £17 p/h. My usual consultancy rate would have been a lot higher than that, and to compensate for that they gave me paid annual leave and paid sick leave the same as the rest of their staff.

I paid my own tax and NI through self-assessment. This was a part-time post (21 hours per week) and I continued to do other small projects for other charities on a freelance basis. I also acted as their Company Secretary on a freelance basis.

In June 2009 I transferred to employee status for the main post, with the pay rate staying the same but with 3 extra hours given (to 24 hours per week) with the Company Secretary continuing to be a freelance role. I've therefore been an employee for just under 2 years.

When redundancy was discussed, the CX asked me what payment I would expect, implying that she would be putting this to the Trustee Board. I said I would hope to receive the same redudancy as if I'd been an employee for the whole time. Today I was told that they didn't intend to pay anything beyond one month's notice. When I questioned this, including why they couldn't make me some sort of discretionary payment, I got a muddled answer that talked about the fact that they hadn't paid tax and NI on my post as an employer during the years I was freelance and that they thought this meant they couldn't now make me a discretionary redundancy payment.

So from 26.3.13 I'll be paid one month's notice and they'll buy out a small amount of annual leave, but no redundancy payment. I'm 53 years old. When I spoke to ACAS they mentioned a possible legal challenge to the decision but I don't know how I'd do that and I've got no funds for a solicitor. I'd be very grateful for your advice, particuarly on whether you think it's worth challenging or whether I should just leave it.

How long have you worked there?
Customer: replied 5 years ago.

In the same post, without a break -

Firstly, from October 2008 on a self-employed basis,

Then transferred to employee from June 2011, in exactly the same post.


(I'm sorry, I just realised I put June 2009 by mistake in my original question, but I meant June 2011).

Customer: replied 5 years ago.

Hi, I'm not sure if you will have received my reply below, so just re-sending.


I keep getting a chaser to provide my email address but I know you have this.


If I should provide any other info pls would you let me know. Thank you.

Hello my colleague has asked me to look at this for you as it is more my area of law. Assuming there is a genuine redundancy situation here and it is the reason for your dismissal you will not be entitled to any redundancy pay I'm afraid. To be legally entitled for a redundancy payment you need to have at least two years of continuous service as an employee. The time you served as a consultant wll not count so the time will start from June 2011 when you became an employee. That means that at this particular point in time you have less than two years continuous service as an employee and as such you are not legally entitled to a redundanc payment. the employer could decide to pay you a discretionary amount when you leave but they do not have to andit is optional. Unless you can show that there has been a consistent and previously communicated practice of paying redundancy to employees who do not usually qualify for it, then unfortunately you will not be able to challenge this further as a tribunal will see no reason to award you any redundancy or other discretionary payment.

Please take a second to leave a positive rating as that is a very important part of our process. Your question will not close and I can continue providing further advice if necessary. Thank you
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 49816
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
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Customer: replied 5 years ago.

Thank you very much for your answer.


Could I just ask, if you were me, would you say just accept the situation and don't take it any further?


(Relations between by employer and I are now not good, so asking for a discretionary payment as a goodwill gesture may not go down well).

Taking it further, in a legal sense, is unlikely to result in anything so the only way to get something out of this is by negotiations with the employer. In a way you have nothing to lose by approaching them, although that is a personal matter for you