How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Ben Jones Your Own Question

Ben Jones
Ben Jones, Solicitor
Category: UK Employment Law
Satisfied Customers: 38341
Experience:  Expert in UK Employment Law
Type Your UK Employment Law Question Here...
Ben Jones is online now
A new question is answered every 9 seconds

I have recently been made redundant.I was given no prior

Customer Question

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?
Submitted: 1 year ago.
Category: UK Employment Law
Expert:  Ben Jones replied 1 year ago.

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
Expert:  Ben Jones replied 1 year ago.
Our chat has ended, but you can still continue to ask me questions here until you are satisfied with your answer. Come back to this page to view our conversation and any other new information.

What happens now?

If you haven’t already done so, please rate your answer above. Or, you can reply to me using the box below.
Expert:  Ben Jones replied 1 year ago.
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, Solicitor
Satisfied Customers: 38341
Experience: Expert in UK Employment Law
Ben Jones and other UK Employment Law Specialists are ready to help you
Customer: replied 1 year ago.
Hi Ben,

Roughly what would you charge to take on an unfair dismissal case?
Expert:  Ben Jones replied 1 year ago.
THIS ANSWER IS LOCKED!
You can view this answer by clicking here to Register or Login and paying $3.
If you've already paid for this answer, simply Login.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
< Last | Next >
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
  • I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks! Ms. Baker Alfafar, Spain
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie USA
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC
 
 
 

Meet The Experts:

 
 
 
  • Ben Jones

    Solicitor

    Satisfied Customers:

    7575
    Expert in UK Employment Law
< Last | Next >
  • http://ww2.justanswer.com/uploads/venkoj/2010-02-20_133027_ben_pic.jpg Ben Jones's Avatar

    Ben Jones

    Solicitor

    Satisfied Customers:

    7575
    Expert in UK Employment Law
  • http://ww2.justanswer.com/uploads/taratill/2010-03-09_111600_phpsik04M_c2AM.jpg Jenny McKenzie's Avatar

    Jenny McKenzie

    Satisfied Customers:

    1738
    10 Years of experience in Employment Law and HR
  • http://ww2.justanswer.com/uploads/UK/UKSolicitorJA/2011-9-26_165252_lawyer.64x64.jpg UKSolicitorJA's Avatar

    UKSolicitorJA

    Solicitor

    Satisfied Customers:

    377
    solicitor
  • http://ww2.justanswer.com/uploads/RE/Remus2004/2012-4-22_93111_2bigstockPortraitOfConfidentFemaleL6943985.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    150
    Over 5 years in practice.
  • http://ww2.justanswer.com/uploads/TO/touchwoodsden/JA.64x64.jpg Law Denning's Avatar

    Law Denning

    Solicitor

    Satisfied Customers:

    82
    PGD Law. 20 years legal profession, 6 as partner in High Street practice
  • http://ww2.justanswer.com/uploads/Topadvisor/2010-5-18_221239_Me.jpg John Knox's Avatar

    John Knox

    Solicitor

    Satisfied Customers:

    71
    Solicitor and Advocate
  • http://ww2.justanswer.com/uploads/JO/Josh2010/2012-4-29_19490_GettyImages80121770B.64x64.jpg Joshua's Avatar

    Joshua

    Laywer

    Satisfied Customers:

    46
    LL.B (Hons), Higher Prof. Dip. Law & Practice