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If I know my employer will be trying to some way to end my

Resolved Question:

If I know my employer will be trying to some way to end my emploment without paying me my redundancy pay what can I do to protect myself
Submitted: 4 years ago.
Category: UK Law
Expert:  Thomas replied 4 years ago.

DearCustomer

 

Thank you for your question. Aside from redundancy an employer may only dismiss an employee for five other reasons (and must not do so unfairly).

 

1. Capability/qualifications - this must specifically relate to the work you were employed to do.Do you have a record of being capable and competant

 

2. Conduct - covers virtually anything, with examples being disobediance of orders, dishonesty, fighting, absence without permission, lateness and breaches of other work ules. It can be cumulative.

 

3. Contravention of a statutory provision - where is would be illegal for the employee to continued to be employer

 

4. Retirement -how old are you?

 

5. Some other substantial reason - of an employer can show a substantial reason outside of the above. There is no comprehensive list but examples can be:- refusal to accept a reorganisation affectng workng hours, replacement by a better qualfied employee, severe clash of personalities between employees.

 

If he is not going to dismiss you by reason of redundancy (to avoid paying the redundancy payment) then you need to avoid giving him a reason to dismiss for one of the other reasons above. Think of practical things you can do to cover yourself against suggestions of misconduct or incapability. Essentially, you should not give him a reason to dismiss you.

 

If you think this may end up with you making a claim for unfar dismissal (and redundancy payment) at an employment tribunal then you should write a retrospective diary of incidents (and documentary evidence if possibly) in whcih you think yoru employer has acted unfairly or unreasonably and maintain it. It will help build the best case for you if that's they way it goes.

 

Sorry if this sounds a bit obvious, but with your specific knowledge of the particulars of your job I would imagine you are best placed to spot where you think he may attempt to catch you out.

 

If this has been useful please kindly click accept so that I may be rewarded for my time. It will be gratefully received and you will be free to ask follow up questions.

 

Kind regards,

 

 

Tom

Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6391
Experience: BA (Hons), PgDip, Practising Solicitor
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