About to made redundant -advice needed

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Bryan99

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I am going to be made redundant tomorrow.

I've worked freelance for the company since November last year. I was offered a contract two months ago and shook hands on it. Although I never actually physically received the contract. I've been working 4 days a week since June.

I am wondering what my rights are regarding holidays/severance pay?
 
Bryan99, it really depends on whether you were employed under a 'Contract of Service' or a 'Contract for Service'. Basically, if you got direction from your employer on your day to day work, it's classed as Contract of Service and therefore you would have some entitlements. On the other hand if your employer gave you a specific task to do at your own discretion (obviously within a time frame) and with your own tools, this can be classed as a Contract for Service and you would have no entitlements. It can sometimes be difficult to establish what service you come under.
 
From my reading of the above it was a contract of service. I was basically required to come in every day 9-5 and work on the same set of projects each week. They provided the tools etc. Basically an office job.
 
I assume you had to report to a supervisor/manager on your everyday work. If so, then I would be of the opinion that you would come under a Contract of Service and therefore entitled to employee benefits. I'm sure if you put this to your employer he will argue his case but I think if you were to ring a good solicitor he will put you straight. Good luck
 
Even with a contract of service, you have to be employed somewhere for 2 years to be entitled to statutory redundancy.

You should be entitled to notice and holidays untaken if you are under a contract of service though.

Sprite
 
I was given 1 days notice to apply for an interest in taking a redundancy. If I didn't show an interest before the 10 a.m. deadline the next day I would not be considered. No financial details were provided. Anyone ever heard of this?
 
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