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Redundancy after less than 2 yrs
Zak64
Posts: 9 Forumite
Hello,
I was hired last year in August and flagged as at risk of redundancy last week.
As I understand it, this mean I only have the notice that is defined in the contract (1 month) and no other package unless at company's discretion. Is that correct?
Also, if the contract says "you'll be reporting to a Director" but in reality you always reported to a level below, is that a breach of contract?
Thanks
Z.
I was hired last year in August and flagged as at risk of redundancy last week.
As I understand it, this mean I only have the notice that is defined in the contract (1 month) and no other package unless at company's discretion. Is that correct?
Also, if the contract says "you'll be reporting to a Director" but in reality you always reported to a level below, is that a breach of contract?
Thanks
Z.
0
Comments
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Zak64 said:Hello,
I was hired last year in August and flagged as at risk of redundancy last week.
As I understand it, this mean I only have the notice that is defined in the contract (1 month) and no other package unless at company's discretion. Is that correct?
Yes.
Reading between the lines. if you think that this may be an argument in support of them not making you redundant, in my view whether it is a breach of contract or not isn't really material at this stage. If you feel that it causes you a problem or has affected your performance, I think the company would ask why you have waited until now to raise the issue.Zak64 said:Also, if the contract says "you'll be reporting to a Director" but in reality you always reported to a level below, is that a breach of contract?0 -
Unless your contract states otherwise in which case it ceases being discretionary and becomes contractual. From a statutory perspective you're not entitled to anything beyond noticeZak64 said:As I understand it, this mean I only have the notice that is defined in the contract (1 month) and no other package unless at company's discretion. Is that correct?0 -
Your point is correct, but I wasn't implying that - I was just curios to see if that qualifies as contract breach.p00hsticks said:Zak64 said:Hello,
I was hired last year in August and flagged as at risk of redundancy last week.
As I understand it, this mean I only have the notice that is defined in the contract (1 month) and no other package unless at company's discretion. Is that correct?
Yes.
Reading between the lines. if you think that this may be an argument in support of them not making you redundant, in my view whether it is a breach of contract or not isn't really material at this stage. If you feel that it causes you a problem or has affected your performance, I think the company would ask why you have waited until now to raise the issue.Zak64 said:Also, if the contract says "you'll be reporting to a Director" but in reality you always reported to a level below, is that a breach of contract?0 -
The task may have been delegated by the Director.Zak64 said:
Your point is correct, but I wasn't implying that - I was just curios to see if that qualifies as contract breach.p00hsticks said:Zak64 said:Hello,
I was hired last year in August and flagged as at risk of redundancy last week.
As I understand it, this mean I only have the notice that is defined in the contract (1 month) and no other package unless at company's discretion. Is that correct?
Yes.
Reading between the lines. if you think that this may be an argument in support of them not making you redundant, in my view whether it is a breach of contract or not isn't really material at this stage. If you feel that it causes you a problem or has affected your performance, I think the company would ask why you have waited until now to raise the issue.Zak64 said:Also, if the contract says "you'll be reporting to a Director" but in reality you always reported to a level below, is that a breach of contract?0 -
Less than 2 years they could just dismiss you as long as a EA 2010 Protected Characteristics was not involved, anything above the notice period in your contract is bonusZak64 said:Hello,
I was hired last year in August and flagged as at risk of redundancy last week.
As I understand it, this mean I only have the notice that is defined in the contract (1 month) and no other package unless at company's discretion. Is that correct?
Also, if the contract says "you'll be reporting to a Director" but in reality you always reported to a level below, is that a breach of contract?
Thanks
Z.
The lines of reporting thing is irrelevant, , as another response points out this may of course be something the director has delegated or simply the fact that the director says ' I want you to report to X on this is discharging their duties ... it's also not going to materially change the grounds for redundancy and with less than 2 years service is likely to result in a big fat ' neggers cheggers' from the Director0 -
Thank you all for all the comments so far. The company has notified me they are willing to pay pilon and have listed 1 month notice and 1 month redundancy package. Another meeting (possibly the last if redundancy is confirmed) would be held on Dec 6. Shouldn't they also include all unused accrued holidays and any bonus matured (the 1 month notice would bring me over 31/12 so sure I would have received the annual bonus). Thanks in advance. Z.0
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