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What are my rights??? Thanks in advance

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MoxyMoo | 17:49 Tue 20th Mar 2007 | Jobs & Education
4 Answers
I have worked for the same employer for the past 16 years. It is a small company (I have no contract)
The director has told me that he is gonna sell the company about this time next year.
I have been honest and told him I have been looking around for other employment. Last Thursday I asked him to make me redundant and he agreed asking me how much I wanted. I replied as much as he could offer me.
Monday I give him a letter saying that I accept his offer of redundancy and give him 4 weeks notice.
I later find a rather nasty e-mail from his friend saying he doesn't owe me anything and that she feels I am trying to beat him with a stick.
She also sent him an e-mail 10 Feb 07 asking him if he had fired me??
He has had a rather nasty illness and his short term memory isnt what it used to be.
I have copies of both the mails this friend has sent him.
This morning he has told me he isnt able to make me redundant as it is not legal and he has had legal advise. She is a barrister in another country!!!!!!
She obviously hates me although I have done her no harm???
Help advise needed please.
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Seek legal advise yourself...NOW! Cant understand why you dont have a contract but if my memory serves me well if you have worked there over 3 months I think it is there is an implied acceptance of employment and with that brings terms and conditions.

I'd try the Citizens Advice Beau. they are probably your best bet to start with and dont rise to the immature behaviour of the so called barrister. She's probably out for as much as she can get!

Good luck
Well you do have a contract of employment whether it is written down or not. It is series of things including statutory employments rights and custom-and-practice. If you've been there for 16 years you have an entitlement to 16 weeks (its one week per year - I don't think it caps at 12 years service - someone might correct this). So if he wanted to close the business, he'd have to give you at least 16 weeks notice, or pay you the money in lieu. He's only able to make you redundant if the job is not required any more. As a small business it would be easy for him to do that - if he really wanted to. He could agree terms for you and pay you X weeks money to leave on such-an-such date (not less than 16 weeks though).
Redundancy minimums based on the Government minimum payments is chicken-feed and not worth scrabbling over - many decent employers pay much more.
If he sold the business you'd have TUPE rights - the rights the transfer to the new employer on equal terms of employment.
Sounds like he's trying to get you to leave on the cheap. You might wish to challenge why he informed his 'friend' about your personal circumstances - its confidential between you and your employer - not any old bod. Stick in there for more.
Hate to say this, but she's right. Your job still exists, therefore you're not a redundant worker, and are not entitled to redundancy payment. Further, if you choose not to work for the new employer under TUPE, that's your perogative, but you're making yourself unemployed and are still not entitled to redundancy.

Now, apart from that, if you can negotiate a private settlement, best of luck to you, but the boss isn't obliged to pay you anything.

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