UK Employment Law

UK Employment Law Questions Answered by Verified Experts

Ask an Expert,
Get an Answer ASAP!

UK Employment Law
This answer was rated:

Ben. I have a strong feeling I will be made redundant due to…

Hi Ben. I have a...
Hi Ben. I have a strong feeling I will be made redundant due to our company's acquisition. My question is, can I be made redundant once having handed in my notice (3 mths), and outside of doing something wrong to get myself terminated, is there anything else they can do to reduce my 3 month's pay? I am counting on that time to be able to get a new job. The
Show More
Show Less
Ask Your Own UK Employment Law Question
Customer reply replied 1 month ago
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call.
Customer reply replied 1 month ago
Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer reply replied 1 month ago
Actually, I now have to go out, so won't be available on phone. Will have to revert to text answers. Apologies
Answered in 20 hours by:
1/7/2018
Ben Jones
Ben Jones, UK Lawyer
Category: UK Employment Law
Satisfied Customers: 49,448
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
Verified

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Ask Your Own UK Employment Law Question

Was your original question cut short after 'The'?

Ask Your Own UK Employment Law Question
Customer reply replied 1 month ago
Ah, yes - it was, sorry. It should have continued, "The idea is to get first mover advantage and put my notice in before they mention reviewing my position's viability." that's the end for now. Look forward to your response, as am going to act tomorrow first thing.
What price must they give you on termination?
Ask Your Own UK Employment Law Question
Customer reply replied 1 month ago
For clarity, when you say termination, the contract says they can pay me in lieu of any notice of termination
Customer reply replied 1 month ago
To add, they can also terminate without pay in the event of the usual stuff such as; gross misconduct, bringing company into disrepute, failure to meet company standards further to being given written warning (which I haven't received), etc
Sorry autocorrect got the better of me earlier I meant what notice must they give you not what price
Ask Your Own UK Employment Law Question
Customer reply replied 1 month ago
No problem - contract states...Section 3 Term3.1The Employment commenced on xxx and, subject to clause 15 [Termination clause, contents of which already cited in part in previous response], shall continue util terminated by either party giving to the other not less than three calendar months' notice[ ] denotes my inclusion
Thanks. Whether you resign or are made redundant you will still be entitled to 3 months notice. Unless they can actually show evidence of gross misconduct they will have to honour the notice period. Obviously if you resigned first then you will not get a redundancy payment if you were due one on redundancy. What they could do is just let th resignation notice run to course or pay you in lieu of notice and terminate you that way. There is nothing stopping thenm from making you redundant after you have resigned but that does not affect your right to the notice period due.
Ask Your Own UK Employment Law Question
Customer reply replied 1 month ago
Ok - that's very reassuring to hear Ben. I must confess, I had heard that I could only be entitled to statutory pay in the event of redundancy, irrespective of my notice period. So that would be 1 -1.5 weeks' pay per year of service (I've been there more than 2 years).
Customer reply replied 1 month ago
That was on a number of government sites (UK)
Do you have a source to see what you referred to please?
Ask Your Own UK Employment Law Question
Customer reply replied 1 month ago
https://www.moneyadviceservice.org.uk/en/articles/redundancy-pay
https://www.gov.uk/redundant-your-rights/redundancy-payThere is no redundancy clause in my contract you see
This is the redundancy pay which is in addition to your notice period. So if you resign you will get the 3 months notice but no redundancy pay. If you are made redundant you will get the 3 months pay AND redundancy pay on top. So by resigning you are actually potentially missing out on the redundancy pay part
Ask Your Own UK Employment Law Question
Customer reply replied 1 month ago
Hmmm, I see. I had thought about asking for voluntary redundancy before they mentioned it, but didn't know what they would be entitled to give me, hence my research. Also, as they have not mentioned redundancy, then it makes my mentioning of it a little tricky. My concern is will they try and do the dirty on me if they know I'm thinking of redundancy, by finding a way to terminate my employment and thus reduce their commercial liability. I clearly don't want to scupper my chances of maximising my pay, but don't want to set myself up for an unnecessary fall either. That's my dilemma. What are your thoughts Ben?
Well what do you think they may find to use as a reason to terminate your employment? Obviously I don’t know any background so cannot say what is viable and what is not here
Ask Your Own UK Employment Law Question
Customer reply replied 1 month ago
In short, the commercial returns from my position. I'm a specialist and the opportunities to monetize this specialism are very sporadic and dependent on others to generate the opportunities I fulfil. On the back of this, I spoke to my MD at the time and we agreed to craft a new initiative to in-effect, re-launch me and what I do. I specifically asked what the commercial boundaries were in terms of what I needed to achieve and by when, and it was confirmed that there were to be none at this stage - let's see how we go and review in other words.
the
A new MD has come in, and the I had the same conversation with them and received the same answer of "no, we're good for the moment, but will of course need to start to re-evaluate in a few months".That time period is more or less now, but has coincided with the acquisition. So, the more relaxed approach taken my mgt up to this point was easy to do, because we were totally independent organisation with more or less, full regional autonomy.However, that is no longer the case, and so all commercial activity will now definitely be scrutinised through the lens of the new parent company, and it will be clear to them that from a hard numbers point of view, things don't stack up - especially as they have an entire division that now does what I do, so my skills are no longer unique.Having now written my response to you, I am pretty clear on what the most logical thing to do should be, but am keen to get your final thoughts. Thanks
None of the above will result in gross misconduct affecting your notice pay so whilst they may eventually look at redundancy you have to decide when is best to leave and how to do it - if there isn’t any mention of redundancy and you need to leave soon for other employment you may have to resign potentially risking missing out on redundancy pay. However if redundancy is actively contemplated then let them go down that route and at least then you get your redundancy pay as well
Ask Your Own UK Employment Law Question
Customer reply replied 1 month ago
Great - thanks Ben!
Customer reply replied 1 month ago
O - 2 final things. 1 - f they offer me another role in the event they feel this one is redundant, and that role pays less, and consequently I turn it down, then what happens to my notice period and redundancy? 2 - contract states that the agreement can be transferred within the company group at any time. Can they do this without telling me, and also change the terms at the same time, or must they tell me and get my agreement? In the event the terms are worse, i.e. 1 month's notice, and I turn it down, then same again - what happens to notice period, etc?

If it’s an unsuitable alternative which is reasonably rejected then you will still keep your redundancy and notice. They can change the contract to another group company without consent as long as the new role is not significantly different to current one. If the changes are detrimental then you can refuse to move and the notice will still stand

I trust this has answered your query. Please take a second to leave a positive rating by selecting 3, 4 or 5 stars above - this is an important part of our process and recognises the time I have spent assisting you. If you still need me to clarify anything else, please reply on here and I will assist as best as I can. Thank you

Ben Jones
Ben Jones, UK Lawyer
Category: UK Employment Law
Satisfied Customers: 49,448
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
Verified
Ben Jones and 87 other UK Employment Law Specialists are ready to help you
Ask your own question now
Customer reply replied 1 month ago
All good - much appreciated Ben! Thx
This answer is protected
Would you like to ask this question?
If you've already paid for this answer, simply Login.
Ask Ben Jones Your Own Question
Ben Jones
Ben Jones
Ben Jones, UK Lawyer
Category: UK Employment Law
Satisfied Customers: 49,448
49,448 Satisfied Customers
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'

Ben Jones 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

49,448 satisfied customers

Qualified Employment Solicitor - Please start your question with 'For Ben Jones'

Jenny McKenzie

Jenny McKenzie

1,919 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

23 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
If I didn't make it through a 6-month probation, do
If I didn't make it through a 6-month probation, do restrictive covenants in my contract still apply? It says that I can't work for competitors or suppliers, which would stop me working completely as … read more
Ben Jones
Ben Jones
UK Lawyer
49,448 satisfied customers
I'm going through the employment tribunal procedure against
I'm going through the employment tribunal procedure against former employer for constructive dismissal, but I think they've changed Company name to avoid payout. Is that possibles?… read more
Ben Jones
Ben Jones
UK Lawyer
49,448 satisfied customers
I am currently in dispute with my employer as he has made me
Hi, I am currently in dispute with my employer as he has made me redundant whilst on maternity leave and replaced me by putting his daughter's hours (who was already part time) to full time. It has al… read more
Ben Jones
Ben Jones
UK Lawyer
49,448 satisfied customers
I'm been investigated at work for overtime claimed, I'm
I'm been investigated at work for overtime claimed, I'm currently on the sick after a miscarriage … read more
Ben Jones
Ben Jones
UK Lawyer
49,448 satisfied customers
I've just found out that my best friend is being interviewed
Hi. I've just found out that my best friend is being interviewed for my job tomorrow. I have not resigned but am still in my probationary period. No indication that I have not been meeting expectation… read more
Ben Jones
Ben Jones
UK Lawyer
49,448 satisfied customers
My daughter has received a final written warning letter
my daughter has received a final written warning letter following on from a Disciplinary Process which is unsigned. I notice your response to an unsigned letter being sent notifying of a date of a hea… read more
Ben Jones
Ben Jones
UK Lawyer
49,448 satisfied customers
This was quick. I've been working for a company called
Hi, this was quick. I've been working for a company called Adecco and they send me 4days per 6 hours to work in receptions Amplifon is the name and I still need to get the money from them. The dates a… read more
Ben Jones
Ben Jones
UK Lawyer
49,448 satisfied customers
My constructive dismissal meeting was held, the attending
Hi, my constructive dismissal meeting was held, the attending person was a director of the company but the note taker was a supplier for the company. Should a third party, who is a supplier be taking … read more
Ben Jones
Ben Jones
UK Lawyer
49,448 satisfied customers
I have been suspended on full pay from Bupa. I have worked
I have been suspended on full pay from Bupa. I have worked for them for just over a year. It has always been a hostile environment for me, although i assumed it would improve as they got to know me. H… read more
Ben Jones
Ben Jones
UK Lawyer
49,448 satisfied customers
Ben, Following our earlier conversation about me not
Hi Ben, Following our earlier conversation about me not revealing information about my appointment and treatment by my doctor to my companies' nurse. I have received the following comments in a letter… read more
Ben Jones
Ben Jones
UK Lawyer
49,448 satisfied customers
I have signed a contract for 24months to a keep fit gym. Is
I have signed a contract for 24months to a keep fit gym. Is there a 'cooling off' time. This was 5 days ago.… read more
Jamie-Law
Jamie-Law
5,576 satisfied customers
I am an ex-BR safeguarded Rail travel employee of 26 years.
I am an ex-BR safeguarded Rail travel employee of 26 years. I have had a career break outside of the UK for 2.3 years returning to the same emplo*****, *****e building etc. so my UK service is continu… read more
Ben Jones
Ben Jones
UK Lawyer
49,448 satisfied customers
I am currently in a consultation period for redundancy. I
Hello, I am currently in a consultation period for redundancy. I have just found about it today. Although they mentioned that they their intention is to keep me, I am quite sceptical given the circums… read more
Ben Jones
Ben Jones
UK Lawyer
49,448 satisfied customers
My question is regarding my company car. I gave 1 month's
Hello, my question is regarding my company car. I gave 1 month's notice on Wednesday so in theory my last working day would be the 28th February but my boss told me this morning that today will be my … read more
Ben Jones
Ben Jones
UK Lawyer
49,448 satisfied customers
Just been dismissed on I'll health grounds my ex employer is
Just been dismissed on I'll health grounds my ex employer is paying me 12 weeks pay is this correct after almost 32 years? … read more
Ben Jones
Ben Jones
UK Lawyer
49,448 satisfied customers
I used to work for a large company (Arup) and 4 months after
For Ben Jones, Hi, I used to work for a large company (Arup) and 4 months after I left they are demanding back £1100 which they say was overpayment for holiday allowance. I understand the law says the… read more
Ben Jones
Ben Jones
UK Lawyer
49,448 satisfied customers
I RUN A GP PRACTICE WITH 15 ADMINISTRATORS. WHILST MONEY IS
I RUN A GP PRACTICE WITH 15 ADMINISTRATORS. WHILST MONEY IS TIGHT THE LOWER PAID ARE TWO LOW. I WANT TO RAISE THE BOTTOM BAND FOR FOUR STAFF BUT CANNOT AFFORD TO PAY THE OTHER 11 EXTRA AS THEY ALREADY… read more
Ben Jones
Ben Jones
UK Lawyer
49,448 satisfied customers
Uk employer headhunted myself from... Uk employer headhunted
Uk employer headhunted myself from... Uk employer headhunted myself from British Army- dating his step daughter - verbal agreement that should we break up no influence on business relationship - my wo… read more
Ben Jones
Ben Jones
UK Lawyer
49,448 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