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Ben Jones
Ben Jones, UK Lawyer
Category: UK Employment Law
Satisfied Customers: 48201
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I've just been notified that my job is being made redundant,

Customer Question

Hi I've just been notified that my job is being made redundant , whilst I'm on my holiday and I've been notified by email
Submitted: 2 years ago.
Category: UK Employment Law
Expert:  Ben Jones replied 2 years ago.

Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. can you tell me is this something you would like. Has a consultation period been put forward and can you give me some more information on your situation please.

Customer: replied 2 years ago.
There has been no mention of any consultation period. I'm a Foreign Exchange Trader working for a firm called SVS Securities in the city of London. Started working here at the end of January 2015. Primary function is to manage the company's FX risk. Also I was prop trading a company account. From May 2015 to date this prop account was my primary function as our customer numbers were very low and there wasn't a lot of risk to manage from that side. Since May 2015 the prop account has consistently produced positive PNL to date with very limited resources. I was even paying for my own news service. I've been on my holiday since 6th sept 2015 , on wed 9th I was patched into a conference call with some potential new clients and then 1 hour later I had a call from my boss telling me my desk was being shut down and it would be all ran out of Mumbai going forward.
Expert:  Ben Jones replied 2 years ago.

Thank you for your response. I will review the relevant information and will get back to you as soon as possible. Please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you.

Expert:  Ben Jones replied 2 years ago.

Many thanks for your patience. If you have been continuously employed at your place of work for less than 2 years then your employment rights will unfortunately be somewhat limited. Most importantly, you will not be protected against unfair dismissal. This means that your employer can dismiss you (this includes making you redundant) for more or less any reason, and without following a fair procedure, as long as their decision is not based on discriminatory grounds (i.e. because of gender, race, religion, age, a disability, sexual orientation, etc.) or because you were trying to assert any of your statutory rights (e.g. requesting maternity/paternity leave, etc.).

O the employer I not obliged to conduct a consultation with you, prove that redundancy is needed or that it is a fair reason or justify the termination in any other way. They can just decide to terminate your employment and that would be it.

If the dismissal had nothing to do with any of the above exceptions then you would not be able to challenge it and your only protection would be if you were not paid your contractual notice period, because unless you were dismissed for gross misconduct, you would be entitled to receive your contractual notice period. If you did not have a written contract in place you would be entitled to the minimum statutory notice period of 1 week. Your employer would either have to allow you to work that notice period and pay you as normal, or they will have to pay you in lieu of notice.

As you do not have 2 years’ service you would also not be due any redundancy pay. So apart from the notice period above you would only be able to claim for any accrued holidays during your employment. However you cannot challenge the redundancy itself or the way it was handled.

I'm sorry if this is not necessarily the answer you were hoping for, however I do have a duty to be honest and explain the law as it actually stands. This does mean delivering bad news from time to time. I hope you understand and would be happy to provide any further clarification if needed. If you are still satisfied with the level of service you have received I would be grateful if you could please take a second to leave a positive rating by selecting 3, 4 or 5 starts at the top of the page. Thank you

Expert:  Ben Jones replied 2 years ago.

Hello, I see you have read my response to your query. Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? If your query has been dealt with please take a second to leave a positive rating by selecting 3, 4 or 5 starts from the top of the page. If you need further help please get back to me on here and I will assist as best as I can. Thank you.