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Ben Jones
Ben Jones, UK Lawyer
Category: UK Employment Law
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I have recently been made redundant.I was given no prior

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I have recently been made redundant.

I was given no prior warnings (written or verbal) from my employer, nor warned I was at risk of being made redundant. Approximately 2 weeks prior to being made redundant, a company meeting was help to reassure staff the company was not at risk. My department recently lost a few clients, however the department was still profitable and the loss of the client was not due to any inefficiencies on my part.

Also prior to my being made redundant, it had been decided (in a meeting with the managing director), should revenue for my department drop we would make one of the junior members of staff redundant, should this situation occur.

During the meeting where i was made redundant, I was informed I was to be made redundant as the company were merging with another business. This business already provided the service my department offers, therefore I was no longer required.

Subsequently to this, I have been sent an email stating that the reason for my redundancy occurred due to the loss in revenue, but my role would be absorbed into the existing members of the team. A junior member of the team has since been given a very similar job title, my title having been SEO Manager, the new job title being Search Manager. *these are the same thing.

I have been paid 4 weeks redundancy pay, I was never provided with the companies redundancy policy however my contract of employment stated that as I have been employed for over 12 months (I had been employed for 20 months) I would be entitled to 4 weeks notice.

In the email, they stated I had 5 days to respond to the letter however I am aware I have 3 months to take action with ACAS. I did not respond to the letter as my redundancy pay was withheld until 4 weeks after being made redundant, rather than part of my final salary 2 weeks prior.

I have been fortunate enough to take employment within 2 working days, however I still feel this company acted unlawfully.

Please advise?

Ben Jones : Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. For now can you tell me what is your specific question?
Customer: Hello, Can you see the information I have provided?
Customer: I have described the situation, I would like to know if the actions taken by my ex employer were unlawful?
Ben Jones : Apologies for the slight delay, I experienced some temporary connection issues earlier. When exactly were you dismissed?
Customer: 18th April 2013
Customer: My employment started on September 9th 2011
As you have been employed by your employer for more than one year you will be protected against unfair dismissal. That means the employer has to show that there was a fair reason for dismissing you and also follow a fair procedure.

Redundancy is a potentially fair reason for dismissal as long as a redundancy situation actually exists. Whilst a reduction in work and a diminished need for employees to do work of a particular kind are fair reasons for redundancy, the employer cannot just select you and make you redundant without ensuring they have carried out a fair redundancy procedure.

You should have been taken through a formal consultation process, the reasons behind the redundancy discussed with you and any suitable alternative employment offered to you, if it existed. Taking you into a meeting and advising you that you are being made redundant, without any prior consultation will almost certainly make the dismissal unfair.

Now that you have already been dismissed your only option is to consider making a claim for unfair dismissal in the employment tribunal. You have 3 months from the date of dismissal to make your claim.

I would be grateful if you could please take a second to leave a positive rating. Your question will not close and I can continue providing further advice if necessary. Thank you
Ben Jones and other UK Employment Law Specialists are ready to help you
Customer: replied 3 years ago.
Hi Ben,

Roughly what would you charge to take on an unfair dismissal case?
Sadly we are not allowed to take on clients via this site so all I can suggest is that you visit the Law Society's website and search for solicitors local to you then just find the best deal

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