Redundancy advice

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Hi there,

I am just looking for some advice.

I am a cleaner for a company that offers off-site cleaning through various contracts but the company has left the premises where it was based and not asked me to move with it.

Should I be offered redundancy from my boss or not? I can't get hold of him to ask about this but I'm unsure how the law stands.

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  • oscarward
    oscarward Posts: 897 Forumite
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    How long have you been employed, don’t think you can get redundancy if being in post less than 2 years.
  • SusanPage1964
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    About 2 and a half years now
  • getmore4less
    getmore4less Posts: 46,882 Forumite
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    Has another company taken over the contract at the site.

    What sort of employment ontract do you have with the company that employs you.
  • tacpot12
    tacpot12 Posts: 7,968 Forumite
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    Do you have a contract of employment?

    Has the employer told you that they are terminating your contract of employment?

    When did the employer tell you they were terminating your contract of employment?

    What does your contract of employment say about the notice that the employer needs to give you if they want to end your contract? Regardless of what the contract says, your employer must give you two weeks notice to terminate your contract.

    What does your contract of employment say about where you work and where the employer can ask you to work? If the contract says you work at Office A, and the nothing else, then the employer should be making you and everyone who works at Office A (on the same contract) redundant. If the employer has offered some people jobs at the new office, they must have followed a fair process to select who was offered these roles. If this is the situation, you should ask, in writing, for the details of how people were selected to be offered these roles.

    If the contract says you work at Office A but can be asked to work in an area that would include Office B, then you still work them at office B if there are jobs there for everyone. If they need less people at Office B, they need to make you redundant, following a fair process to make you redundant.

    Basically, they should be making you redundant. If you have been dismissed and the employer has not followed a fair process, you can make a claim for unfair dismissal at an employment tribunal. There is a deadline to do so and you need to have followed the ACAS Early Conciliation process before you can go to a Tribunal. Have a read of this link for information on the Early Conciliation process: http://www.acas.org.uk/index.aspx?articleid=4028

    The deadline for going to ACAS is three months since you last day of employment.

    You could also accept that you have been dismissed, make sure you are paid for your notice period and get another job. Before accepting you have been dismissed try, by writing to your employer, to get something in writing to confirm your contract of employment has been ended.

    You might also go to a local Citizens Advice to check whether there is anything else you can do.

    You might also want to start keeping notes about exactly when things happened so that you are clear on the dates.
    The comments I post are my personal opinion. While I try to check everything is correct before posting, I can and do make mistakes, so always try to check official information sources before relying on my posts.
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