Contract query

leegarlick

Hi
I'm about to be made redundant but noticed this on my newest contract. I have been with the company for 18 years 10 months so I'm going to lose a lot of redundancy if they go off this contract is there anyway of getting my full years or not?

thebrexitunicorn

Your length of service is a question of fact so if there was no change to your employment or employer you are likely to be entitled to the full redundancy.   Why were you signing a new contract? Had something changed? 

leegarlick

thebrexitunicorn said:

Your length of service is a question of fact so if there was no change to your employment or employer you are likely to be entitled to the full redundancy.   Why were you signing a new contract? Had something changed? 

I was promoted to supervisor from warehouse worker I just wanted the pay rise so took the promotion i was asked to sign this contract 7 months later dont even think i read it only noticed this years later, my current MD is aware of it and every time I asked he would say he would get it fixed to show it from when I originally started but never did I've now fell out with him and looking at redundancy just got a feeling he's gonna offer me redundancy on the date shown rather than the 18 years ive done.

thebrexitunicorn

Ok. In that case it shouldn’t affect your redundancy entitlement. It doesn’t matter that there’s a typo in the contract, your employment has been continuous.  

leegarlick

thebrexitunicorn said:

Ok. In that case it shouldn’t affect your redundancy entitlement. It doesn’t matter that there’s a typo in the contract, your employment has been continuous.  

The fact I have signed the contract does that not mean I am agreeing to the clause of no continuous employment before 2013?

Xbigman

Your contract can't over rule the law, nor can it make incorrect information correct. You might have a fight with your employers about it but for now you need to sit back and see what they come up for your length of service calculation.


Darren

thebrexitunicorn

leegarlick said:

thebrexitunicorn said:

Ok. In that case it shouldn’t affect your redundancy entitlement. It doesn’t matter that there’s a typo in the contract, your employment has been continuous.  

The fact I have signed the contract does that not mean I am agreeing to the clause of no continuous employment before 2013?

Not really. It’s incorrect and for the purposes of calculating a statutory redundancy payment it’s your genuine length of service that is relevant.  For example, someone could sign a contract agreeing to have no paid holiday entitlement but it wouldn’t be binding, the statutory entitlement still exists.