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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+
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Answered in 12 minutes by:
7/5/2013
Jenny McKenzie
Category: UK Employment Law
Satisfied Customers: 6,428
Experience: 10 Years of experience in Employment Law and HR
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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?
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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?
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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: 6,428
Experience: 10 Years of experience in Employment Law and HR
Verified
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