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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 61786
Experience:  Qualified Solicitor
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2 days ago my company hired 3 ppl from India with the same

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Hi, 2 days ago my company hired 3 ppl from India with the same role as mine through a centre of eccellence and yesterday I got a meeting sayng that I might become reduntant
JA: Have you discussed this with your HR staff? Or with a lawyer?
Customer: the meeting was with the HR
JA: Is the relevant person an employee, freelancer, consultant or contractor? Does the person belong to a union?
Customer: they said they had looked at options but didn't find any. if I come up with an option on friday they will consider and make a decision on monday
JA: Anything else you want the lawyer to know before I connect you?
Customer: I'm an employee, with less than na year

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

How long have you worked there for?

Customer: replied 5 months ago.
11 months
Customer: replied 5 months ago.
my boss got the same meeting, they are basically transferring the team to india and outsource
Customer: replied 5 months ago.
what Can I do or ask?

Thank you. The main issue is that if you have been continuously employed at you place of work for less than 2 years then your employment rights will unfortunately be somewhat limited. Most importantly, you will not be protected against unfair dismissal. This means that your employer can dismiss you for more or less any reason, and without following a fair procedure, as long as the decision is not based on a reason which makes a dismissal automatically unfair. These include:

· Discrimination due to a protected characteristic (i.e. because of gender, race, religion, age, disability, sexual orientation, etc.)

· Taking, or trying to take, leave for family reasons including pregnancy, maternity/paternity leave, parental leave, adoption leave or leave for dependants

However, if the dismissal had nothing to do with any of the above exceptions, you would not be able to challenge it. In that case your only protection would be if you were dismissed in breach of contract. That would usually happen if you were not paid any contractual notice period due to you (unless you were dismissed for gross misconduct, where no notice would be due). If you did not have a written contract in place you would be entitled to the minimum statutory notice period of 1 week. The employer would either have to allow you to work that notice period and pay you as normal, or they instead have to pay you in lieu of notice, where you are paid for the equivalent of the notice pay but your employment is terminated immediately.

So they can replace you in this way if needed and sadly you won’t be able to challenge it, especially as it is not discriminatory in nature.

Does this answer your query?

Customer: replied 5 months ago.
than kyou. So the best outcome for me would be to be able to get my notice period, or maybe an equivalent garden leave, is that right?

yes you would not legally be entitled to more but this is legally due to you anyway as a minimum. There is no harm to try and negotiate for more though - the worst is they say no and you end up in the same position as you are in now

Ben Jones and 2 other Law Specialists are ready to help you
Customer: replied 5 months ago.
Ok, perfect. thank you very much, this has been very helpful

All the best