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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 70261
Experience:  Qualified Solicitor
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I was made redundant from an admin post at the start of

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Hi, I was made redundant from an admin post at the start of August due to lack of work (small company I was the only full time admin) but I have been informed that the company I worked for have employed someone else who is now seeking extra admin help. I believe I have been unfairly dismissed but the company are claiming that their 'consultant' is employing the new staff. Friends who know the lady in question say she is being paid by the company. Can I ask for proof that they are not paying for the new admin? Wouldn't they be able to cover their tracks? The 'consultant', by the way, is the former company owner who embezzeld money from the clients and so now just 'consults'. It was clear he did not want to work with me and from his bullying, I believe they were hoping I would quit. What can I do?
JA: Have you discussed the termination with a manager or HR? Or with a lawyer?
Customer: There is no HR. I did confront the company owner (the 'consultant's' son) about it but he said Mr Dixon is paying the new staff himself and that they work from home - although the new staff have been seen at the local office daily.
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: I was an employee until redundancy last month. I am not in a union. It is only a small company.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I don't think so.

Hello, I’m Ben. It’s my pleasure to assist you today. I may also ask for some preliminary information to help me determine the legal position.

How long did you work there for? 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 7 days ago.
From September 2018 to August 2020
Customer: replied 7 days ago.
thank you, ***** ***** way, for your response/s.

Many thanks for your patience, I am pleased to be able to continue assisting with your query now. Can you just confirm the exact dates of employment for me please?

Customer: replied 7 days ago.
Sure - I have a note of that, I'll just check my records.
Customer: replied 7 days ago.
17 September 2018 to 31 July 2020

Thank you. And finally – What do you specifically want to know about this, please?

Customer: replied 7 days ago.
I would like to know if I have a claim against them for making me redundant and then employing someone else to do the job I was doing.

Thank you. In the circumstances, that would be unlikely. The main issue is that as 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 pay you in lieu of notice, where you are paid for the equivalent of the notice pay but your employment is terminated immediately.

I appreciate this may not be the answer you were hoping for but it is the legal position and all I can tell you is what the law says. I do hope that it at least explains where you stand and I will be happy to clarify anything for you in relation to it. For now, thank you for using our service.

Customer: replied 7 days ago.
Thank you so much Ben. To be honest, I am not litigious and did not want to get embroiled into a stressful case with them, but former colleagues have encouraged me to look into it because they are so incensed that I have "been replaced". Your response is a relief - I can concentrate on finding a new role with a better employer! Thank you so much for your time - and stay safe. Best regards, Elizabeth

You are most welcome and all the best

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