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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 67910
Experience:  Qualified Solicitor
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I have just received 3 months notice of termination due to

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Hi i have just received 3 months notice of termination due to charity no longer doing home help am i entitled to redundancy
JA: Have you discussed the termination with a manager or HR? Or with a lawyer?
Customer: I dont seem to be able to obtain any information from them
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: they changed my contract to list my job title in 2013 to home help
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I dont know what else to ask at the moment

Hello, I’m Ben, a UK lawyer and will be dealing with your case today. I may also need to ask some questions to determine the legal position.

What do you specifically want to know about this, please? Please note this is not always an instant service and I may not be able to reply immediately. However, rest assured that I am dealing with your question and will get back to you today. Thanks

Customer: replied 5 days ago.
I have received a termination notice of 3 months i have been on furlough since march and was due to start back on the 22/06/2020 only to receive this termination notice but no mention of pay or redundancy
Customer: replied 5 days ago.
please continue to text

What was the official reason they used for termination?

Hello, I am not sure if you saw my query above: What was the official reason they used for termination?

Customer: replied 4 days ago.
Hi they have terminated my contract due to stopping the home help service

Thank you. It does appear that you should be due redundancy. According to the Employment Rights Act 1996, redundancy occurs in the following circumstances:

1. Business closure – where the whole of the employer’s business is closed

2. Workplace closure – closure or relocation of the location where the employee worked

3. Reduced requirement for employees to carry out work of a particular kind

Generally, redundancy occurs when an employer decides to reduce the number of its employees, either within the business as a whole, or within a particular site, business unit, function or job role. There are various reasons why this may happen, such as economic pressure, changes in the nature of products/services offered, internal reorganisation, workplace relocation, etc. The reason for the proposed redundancies will rarely be challenged and the employer will simply have to justify that the actual reason satisfied one of the statutory definition of redundancy above.

In your case they have stopped a service and therefore they have a reduced requirement for employees to carry out that particular role, which would meet the requirements of redundancy and you should be made redundant and paid redundancy pay.

Does this answer your query?

Customer: replied 4 days ago.
HI what about my job description as home help not worker or employee

What is home help?

Customer: replied 4 days ago.
Hi it is a person who does the clients shopping or cleaning or washing anything to do with home help for the elderly

but I mean are you not an employee?

Customer: replied 4 days ago.
Hi on my contract it says HOME HELP

but are you an employee too? Do you get paid, do they pay your tax, do you get holidays, etc?

Customer: replied 4 days ago.
Hi yes all of them

Ok so you do sound like an employee and my original answer still applies. Does this clarify things a bit more for you?

Customer: replied 4 days ago.
Who do I contact regarding my 12 weeks notice money and redundancy as the company do not reply to my emails
Customer: replied 4 days ago.
Hi i have been told that I am on a zero hour contract and I will not be paid any money from 19 June 2020 as this was my last furlough payment from them and on the 22 June sent me the 12 weeks notice and told me no money or redundancy pay

Are you actually a zero hours worker?

Customer: replied 4 days ago.
Hi i am trying to find out if that was in my 2013 contract they changed or the previous contract does that make a difference if I was on zero hours even though I have worked continually for nearly 12 years for them constantly

It gets complicated then because you need to establish if you are an employee or a worker – only the former entitles you to redundancy pay.

Customer: replied 4 days ago.
How do you find out if your contract says you are home help as to if you are worker or employee

it is not what your contract says - it is mainly how you are treated that deter,mines your employment status but that is a hold different topic and in all honesty only the tribunals can determine what your actual status is

Customer: replied 4 days ago.
should I contact Acas to find out more my time sheets I filled in every week said I was a home help not worker

Home help is not a status by itself, the way you were treated looks like you were an employee and should pursue them on that basis

Customer: replied 4 days ago.
how do i get them to agree I was a worker when they are trying not to pay redundancy payment

you will have to argue that you were an employee and due redundancy pay but in reality they can refuse to accept that and the only way to get a definitive answer is by making a claim against them in the Employment Tribunal

Hello, I see you have read my response to your query. Could you please let me know if it has answered your original question? You can simply reply on here with a quick ‘Yes, thanks’ and I won’t bother you again. Thank you

Customer: replied 4 days ago.
Hi thanks for all your help i will try and see if i get anywhere with Acas

You are most welcome

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