ChatterBank0 min ago
redundancy?
4 Answers
I have a 3-year fixed -term contract of employment which expires in Dec 2008. My post is substantially funded by an associate (sporting body) of my employer (also a sporting body). That funding is being withdrawn as of end June 2008, and I have been given notice that my employment will cease at that date because my employer could not afford to fund my post without the external funding. My employer states that I am not being made redundant? Am I?
PS Neither my offer of employment nor my contract of employment stipulates that my employment could be cut short in the above circumstances.
PS Neither my offer of employment nor my contract of employment stipulates that my employment could be cut short in the above circumstances.
Answers
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Most of what you need to know is here.
http://www.direct.gov.uk/en/Employment/Employe es/EmploymentContractsAndConditions/DG_1002773 5
These are pretty stupid these days because employment rights operate after 12 months continuous service for unfair dismissal, and 24 months for redundancy. If you have been there longer than 24 months you ARE entitled to redundancy at the end of the contract.
If they are trying to terminate it early, the employer may have an additional problem - in that they may not be able to do it. What is the exact wording? Have they agreed to employ you for a fixed period of 36 months with no contractual get-outs?
http://www.direct.gov.uk/en/Employment/Employe es/EmploymentContractsAndConditions/DG_1002773 5
These are pretty stupid these days because employment rights operate after 12 months continuous service for unfair dismissal, and 24 months for redundancy. If you have been there longer than 24 months you ARE entitled to redundancy at the end of the contract.
If they are trying to terminate it early, the employer may have an additional problem - in that they may not be able to do it. What is the exact wording? Have they agreed to employ you for a fixed period of 36 months with no contractual get-outs?
Thank you.
My job description states
"Duration of Post: Appointment initially for a three year period with the possibility of extensions".
My Contract of Employment and Statement of Main Terms and Conditions states
"Period of Employment
Your employment is for a fixed term contract for a period of three years from the date specified in Section 2 above [12 December 2005] subject to Sections 12 and 20 of this statement and to the general rights of termination under the law"
Section 12 is about a 6 month probation period; and Section 20 reads
"Termination and Resignation Notice
The period of notice you are entitled to receive and required to give in the event of termination of employment is as follows:-
Period of continuous service of less than i month - no notice; at least one month but less than 3 years - 2 weeks".
My job description states
"Duration of Post: Appointment initially for a three year period with the possibility of extensions".
My Contract of Employment and Statement of Main Terms and Conditions states
"Period of Employment
Your employment is for a fixed term contract for a period of three years from the date specified in Section 2 above [12 December 2005] subject to Sections 12 and 20 of this statement and to the general rights of termination under the law"
Section 12 is about a 6 month probation period; and Section 20 reads
"Termination and Resignation Notice
The period of notice you are entitled to receive and required to give in the event of termination of employment is as follows:-
Period of continuous service of less than i month - no notice; at least one month but less than 3 years - 2 weeks".
Thanks again.
Sorry for being thick, but can you indicate which "other points" apply.
As I saw it, I might be entitled to a statutory redundancy payment, or to compensation for early termination of my fixed-term contract.
If compensation, how would that normally be calculated, or would it emerge from consultation/negotiation?
Thanks again
Proinnsias
Sorry for being thick, but can you indicate which "other points" apply.
As I saw it, I might be entitled to a statutory redundancy payment, or to compensation for early termination of my fixed-term contract.
If compensation, how would that normally be calculated, or would it emerge from consultation/negotiation?
Thanks again
Proinnsias
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