UK Employment Law

UK employment law questions answered by verified Experts

Ask an Expert,
Get an Answer ASAP!

This answer was rated:

I started contracting with company( treated as an employee)in…

I started contracting with company(...
I started contracting with company( treated as an employee)in september 2010, and went on maternity leave in August 2012. As at the time i went on maternity leave, my renewed contract lapse in january 2013, whilst on maternity leave, i was called for a meeting with the company in April, and was told that my role has been outsourced(due to me been on maternity leave I assumed), and do i intend to return to work, if so as a part time or fulltime. i replied and said full time, and if the possibilty to work some days from home can be given(the work we do can be done from home). i was told at the meeting that they will look for a suitable role for me and keep me updated.
however, i got a letter 3 months later(July), i have been given a weeks notice (consultation period) that I may be made redundant. If redundancy is offered, I have various reasons to believe I may have a case of unfair dismissal against the company -
1) they have dissolved my position and employed 2 new members of staff with my job title
2)they now outsource parts of my work to a third party company -
3)none of the new roles created were offered to me -
4) no-one else has been selected for redundancy.

Do I need to accept the redundancy and then make a claim or do I need to reject it in order to claim against them?
Must I highlight these issues to the company after they make the offer?
What is my position and sitiuation as a contract staff, eventhough I have been with the company for 2years+
Show More
Show Less
Ask Your Own UK Employment Law Question
Answered in 12 minutes by:
7/5/2013
Jenny McKenzie
Category: UK Employment Law
Satisfied Customers: 6,472
Experience: 10 Years of experience in Employment Law and HR
Verified
Hello and welcome to Just Answer, you state that you have bren treated as an employee please can you clarify what you mean by this?
Ask Your Own UK Employment Law Question
Customer reply replied 4 years ago
What I meant is that I am bound by the rules of the company, take normal holidays like every one else, get sick pay, bonus, Inshort, what the normal permanent employees are entitled too, I am as well.
are they offering to pay you redundancy pay?
Ask Your Own UK Employment Law Question
Customer reply replied 4 years ago
The letter I got was that 'due to the fact that the outsourcing has a direct impact on your role, one of the potential outcomes of this meeting may be that your role becomes redundant'.I still have the consultation next week, I don't know what will be offered or not.
Ok they do appear to be treating you as an employee rather than a contractor. If you are offered a redundancy payment then it is clear that they consider you as such as if you were merely a contractor they could just terminate your engagement without mention of the words redudnancy or consultation.

As a woman on maternity leave you are in a protected position and it amounts to sex discrimination contrary to the Equality Act if you are made selected for redundancy and denied the right to return to work. It also amounts to unfair dismissal.

You have the right to bring a claim in the employment tribunal even if the employer argues that you should be treated as an employee for employment law purposes (on the basis of what you say legally you would be considered to be one).

It is a requirement of the tribunal that you appeal against the decison to the employer first as the employment tribunal expects an employee to have exhausted internal procedures before raising a claim.

If you have any follow on questions please do ask. If I have answered your question I would be grateful if you would give my answer a positive rating. Thank you and all the best.
Jenny McKenzie
Category: UK Employment Law
Satisfied Customers: 6,472
Experience: 10 Years of experience in Employment Law and HR
Verified
Jenny McKenzie and 87 other UK Employment Law Specialists are ready to help you
Ask your own question now
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a solicitorLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Jenny McKenzie Your Own Question
Jenny McKenzie
Jenny McKenzie
Jenny McKenzie
Category: UK Employment Law
Satisfied Customers: 6,472
6,472 Satisfied Customers
Experience: 10 Years of experience in Employment Law and HR

Jenny McKenzie is online now

A new question is answered every 9 seconds

How JustAnswer works:

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

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!

RickLeeds, 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. BakerAlfafar, Spain

Thank you so much for your help. Your answers were really useful and came back so quickly. Great!

MaggieUSA

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!!!!

AlexLos 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.

GPHesperia, CA

I couldn't be more satisfied! This is the site I will always come to when I need a second opinion.

JustinKernersville, NC

< Previous | Next >

Meet the Experts:

Ben Jones

Ben Jones

UK Lawyer

9,071 satisfied customers

Qualified Employment Solicitor

Jenny McKenzie

Jenny McKenzie

6,472 satisfied customers

10 Years of experience in Employment Law and HR

UKSolicitorJA

UKSolicitorJA

Solicitor

390 satisfied customers

solicitor

John Knox

John Knox

Solicitor

72 satisfied customers

Solicitor and Advocate

Kasare

Kasare

Solicitor

35 satisfied customers

LLB (Hons)

Buachaill

Buachaill

Barrister

24 satisfied customers

17 years experience

INC

INC

Solicitor-Advocate

22 satisfied customers

LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)

< Previous | Next >

Related UK Employment Law Questions
Ben Thanks to your last answer, I was able to write to
for Ben Jones - Good morning BenThanks to your last answer, I was able to write to Tribunal and just received answer. I would appreciate if You could help me to understand it. Does it mean that Judge … read more
Ben Jones
Ben Jones
UK Lawyer
Legal Practice Course
9,071 satisfied customers
I have an issue. I'm a nanny and I took on a private job for
Hi I have an issue. I'm a nanny and I took on a private job for this week for a family who were traveling from India to UK who needed a nanny fir their 2 year old. It was a live in nanny job and I was… read more
Ben Jones
Ben Jones
UK Lawyer
Legal Practice Course
9,071 satisfied customers
I suspect my employer has cameras in the disabled toilets,
I suspect my employer has cameras in the disabled toilets, where I change to run home, (never mind normal activities!); what's more is I suspect when I change it is viewed by a certain person who is t… read more
Ben Jones
Ben Jones
UK Lawyer
Legal Practice Course
9,071 satisfied customers
I am a contract Programme Manager for a small consultancy.
I am a contract Programme Manager for a small consultancy. They advised me on the phone they are going to issue a 14 notice as of Today. My Contract says either party can terminate early subject to 14… read more
Ben Jones
Ben Jones
UK Lawyer
Legal Practice Course
9,071 satisfied customers
I have filed a claim in Employment Tribunal concerned with
I have filed a claim in Employment Tribunal concerned with breach of contract, discrimination and constructive dismissal. The respondent in their response is defending and seeking postponement of the … read more
Ben Jones
Ben Jones
UK Lawyer
Legal Practice Course
9,071 satisfied customers
I have tried to negotiate a 3 m notice period and failed! I
I have tried to negotiate a 3 m notice period and failed! I have health issues and have already seen an Occupational Health specialist and employers have been advised to make allowances. The stress of… read more
Ben Jones
Ben Jones
UK Lawyer
Legal Practice Course
9,071 satisfied customers
I am a senior manager at a univeristy. I have been employed
I am a senior manager at a univeristy. I have been employed for 11 months, with a 12 month probation. My line manager indicated at my probation meeting that they indicated to terminate my contract. Th… read more
Ben Jones
Ben Jones
UK Lawyer
Legal Practice Course
9,071 satisfied customers
I have received Form SSP1 from my employer together with my
For Ben Jones, I have received Form SSP1 from my employer together with my P45 as I have been made redundant whilst being on sick leave (I am still on sick leave now). I am very confused regarding the… read more
Ben Jones
Ben Jones
UK Lawyer
Legal Practice Course
9,071 satisfied customers
I have been accused of theft in the workplace and the police
I have been accused of theft in the workplace and the police are now involved. I don't know what to do … read more
Jo C.
Jo C.
Barrister
Master\u0027s Degree
38,065 satisfied customers
I have worked for my employer for 10 years on 27th May this
For Ben Jones I have worked for my employer for 10 years on 27th May this year and have recently been made redundant whilst on sick leave. I have a query regarding how the criteria used in the selecti… read more
Ben Jones
Ben Jones
UK Lawyer
Legal Practice Course
9,071 satisfied customers
I had to go A and E on saturday due to abdominal pain. I
Hi i had to go A and E on saturday due to abdominal pain. I rang my employer and asked to payback my hours rather than sick as it would trigger a warning as i took a sick in november 2017 but she refu… read more
Ben Jones
Ben Jones
UK Lawyer
Legal Practice Course
9,071 satisfied customers
My girlfriend has been asked to attend a meeting discussing
My girlfriend has been asked to attend a meeting discussing whether or not she be terminated from work due to business circumstances. This meeting is on Friday and she has been told the only alternati… read more
Ben Jones
Ben Jones
UK Lawyer
Legal Practice Course
9,071 satisfied customers
I have three questions which I hope you can help me with. My
For Ben Jones I have three questions which I hope you can help me with.My first question: I have recently been made redundant whilst on sick leave. I was given 4th May 2018 as my date of redundancy an… read more
Ben Jones
Ben Jones
UK Lawyer
Legal Practice Course
9,071 satisfied customers
I am writing to ask you question about the Employment Law.
Dear Sir, I am writing to ask you question about the Employment Law. My employer has been using some Law to make me redundant and it is very obvious to me that their action is unfair and prejudiced. I… read more
James Easson
James Easson
Consultant Solicitor
Graduate Diploma In Law (Advanced)
8 satisfied customers
How are you?. Please could you help me? I started to work
Hi. How are you? I'm Aura. Please could you help me? I started to work for this company in 04.07.16. So unfortunately I have less 2 years. 27.01.18 I used Whistle blowing procedure to alert about Mana… read more
James Easson
James Easson
Consultant Solicitor
Graduate Diploma In Law (Advanced)
8 satisfied customers
I had a query in regards to commission clawback by an
Hi, I had a query in regards ***** ***** clawback by an employer. I am currently a self employed life insurance advisor for a company, if I am to leave can the company I work for legally require me to… read more
Ben Jones
Ben Jones
UK Lawyer
Legal Practice Course
9,071 satisfied customers
I have an employment contract for the last 24 years from our
I have an employment contract for the last 24 years from our company in the UK. Since January 1, 2007 I have been assigned to our German office with a German boss, who has determined my salary, bonus … read more
Ben Jones
Ben Jones
UK Lawyer
Legal Practice Course
9,071 satisfied customers
I accidentally left my bag with my uniform and ID card with
I accidentally left my bag with my uniform and ID card with codes for departments on public transport. I have reported it lost and the ID card has been deactivated and the department in question has c… read more
Ben Jones
Ben Jones
UK Lawyer
Legal Practice Course
9,071 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x