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Ben Jones
Ben Jones, Solicitor
Category: UK Law
Satisfied Customers: 38346
Experience:  Specialist in UK Law with expertise in UK Employment Law
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Hi Ben Wonder if you could help. can i make a Sales Agent

Resolved Question:

Hi Ben

Wonder if you could help.

can i make a Sales Agent of 10 years redundant and if so does it have the same costs as an employee?

Many Thanks in advance.

Ben H
Submitted: 9 months ago.
Category: UK Law
Expert:  Ben Jones replied 9 months ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today.

Ben Jones :

Please note that as a practising solicitor I am often in and out of meetings, travelling, or even at court when I pick your question up. This may even occur at evenings and weekends. Therefore, I apologise in advance if there is a slight delay in getting back to you. Rest assured that I am dealing with your query and will respond ASAP. You do not have to wait here and you will receive an email as soon as I have responded. For now please let me know if you could explain your situation a little more?

Customer:

Hi Ben

Customer:

Hi its actually a little different my father is 75 and an agent

Customer:

hold on

Customer:

sales agent for a company for about 10 years, although he was thinking about retiring the owner has told him and all the other agents and employees he is going to make them redundant.

Customer:

Should he recieve any reduncancy money?

Customer:

cant wait much longer sorry!

Customer:

kdsalsfgudhjsxm

Customer:

sorry, that was one of my kids

Ben Jones :

Hi, thanks for your patience, is this sales agent working on a self employed basis?

Customer:

self employed

Ben Jones :

Good morning, if this person was genuinely self employed, they would not be entitled to any redundancy pay, because only employees get this privilege. The issue is establishing his real employment status.


 


Establishing one's employment status is not an easy task and there is no single test that can be used. It is usually irrelevant what a person is labelled as by their employer because their status would not depend on that, but on the overall employment relationship, how the employer treats them, etc.


 


Following years of case law, a number of established factors have generally been accepted as a reasonably accurate way of establishing whether someone is an employee or self employed. The courts would still use some of these to get an overall picture of the employment relationship and determine the person's employment status.


 


The tests that are most commonly used can be found here:


 


http://www.hmrc.gov.uk/employment-status/index.htm#1


 


By following the link and answering the questions one may get a good idea of what someone's employment status is, although it is worth noting that these are still only an indication and only a court can provide a definitive answer.


 


Assuming that all indications point to this person being self employed, then as mentioned no redundancy payment is payable. All he would be entitled to is any contractual notice period contained in his contract. In the absence of a notice period, he is entitled to a 'reasonable notice'. This could vary from case to case but as a starting point I would say try and give him at least a week for every year he has been there as that would at least mirror the minimum notice an employee is entitled to receive in the same circumstances.

Customer:

my Father isnt bothered but i thought if he was definately due any money then he should persue it but if thats the general rule then he may as well leave it.

Customer:

many Thanks for your advise.

Ben Jones, Solicitor
Category: UK Law
Satisfied Customers: 38346
Experience: Specialist in UK Law with expertise in UK Employment Law
Ben Jones and 5 other UK Law Specialists are ready to help you

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