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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 70217
Experience:  Qualified Solicitor
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I am a PAYE electrical manager on furlough. When working as

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JA: Hi. How can I help?
Customer: Hi, I am a PAYE electrical manager on furlough. When working as normal we have a mixture of self employed and PAYE managers. If redundancies are for coming - should the employers release the self employed managers first? I am one of the longest standing managers (5yrs). Does ‘last on first out’ still apply? Many thanks keith
JA: Have you discussed this with your HR staff? Or with a lawyer?
Customer: Not yet as no -one has bothered to communicate with me since March when furlough began for me. I am asking the question ‘just in case’!!!
JA: Is the relevant person an employee, freelancer, consultant or contractor? Does the person belong to a union?
Customer: The self employed person(s) - I believe, do not belong to a union, if they are indeed PAYE; again the question begs - if redundancies are in the air should it be -‘last in first out?’
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No thank you - just need to know where I stand.

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.

Sorry to hear of your current work situation. Is your employer carrying out any formal consultations or procedures?

Customer: replied 4 days ago.
Nothing as yet - just preparing for the worst in case it happens

OK I understand.. Please do not worry and leave it with me for now; I will get back to you with my answer as soon as I can, which will be at some point today. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.

Many thanks for your patience, I am pleased to be able to continue assisting with your query now. There is no requirement for employers to release self-employed workers before permanent employees. When a redundancy occurs, the official criteria is that the employer requires fewer employees doing a particular job. So they could actually reduce the number of employees and retain all self-employed staff and that is still a legal redundancy.

As to last in first out, that can potentially be used as a selection criterion by the employer but it is up to them whether they do. It is certainly not a given that it will be taken into account but it can be applied as part of a wider selection process or as a tie-breaker if the other scores are equal.

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.

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Thank you for taking the time to leave your feedback - it was my pleasure helping you with your query. All the best