Ask a Law Question, Get an Answer ASAP!
Hello are you an employee or self employed?
Please note i am travelling so may not be able to reply until later on or in the morning, thanks
Hi there, just because you have a contract to do the caretaker’s duties, which is 10 years old, does not mean you can suddenly be asked to undertake those duties. In effect, through what you have been doing permanently all that time, it should be an implied contractual term that you are only employed to do the maintenance work. Therefore, the employer’s attempt to now change your role and add the caretaker duties could amount to a change to your contract and it can also be a potential redundancy. It is a potential redundancy because the employer would require fewer employees to do a specific job (caretaker) and are instead amalgamating these duties with other jobs, so all those who are affected could be at risk of redundancy. Whilst they could make you redundant, if they refuse to pay you redundancy you could take the matter further and seek payment for that, in addition to challenging for unfair dismissal. You have more than 2 years’ service and are eligible for a redundancy payment as well as having protection against being unfairly dismissed.
In the first instance you should pursue this internally with the employer, such as through the formal grievance procedure. If that fails and they proceed with terminating your employment without paying you redundancy you can then consider challenging this further.
This is your basic legal position. I have more detailed advice for you in terms of the steps you need to take in order to challenge this further if needed, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you
Thank you. If they were to terminate your employment and not pay you redundancy you have a couple of options. One is to claim unfair dismissal and the other is to pursue the for a redundancy payment. You can do these at the same time in the employment tribunal and you must do so within 3 months of your employment terminating.
A new feature in the employment tribunal’s claims process is mandatory early conciliation with ACAS. This requires prospective claimants to notify ACAS and provide details of their intended claim and they would then try to negotiate between the claimant and respondent to seek out of court settlement in order to avoid having to take the claim to the tribunal. It is possible for the parties to refuse to engage in these negotiations, or that they are unsuccessful, in which case they would get permission to proceed with making the claim in the tribunal.
If negotiations are initiated and settlement is reached, then the claimant would agree not to proceed with the claim in return for the agreed financial settlement.
The conciliation procedure and the form to fill in can be found here:
In terms of the time limits within which a claim must be presented, the early conciliation process places a ‘stop’ on that and the time between notifying ACAS and them issuing permission to proceed with the claim would not count for the purposes of these time limits.