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Redundancy after less than 2 yrs

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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.

Comments

  • p00hsticks
    p00hsticks Posts: 14,413 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    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.
    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?

    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. 
  • DullGreyGuy
    DullGreyGuy Posts: 18,544 Forumite
    10,000 Posts Second Anniversary Name Dropper
    edited 20 November 2023 at 11:36AM
    Zak64 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? 
    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 notice
  • Zak64
    Zak64 Posts: 9 Forumite
    First Anniversary First Post
    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.
    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?

    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. 
    Your point is correct, but I wasn't implying that - I was just curios to see if that qualifies as contract breach.
  • Hoenir
    Hoenir Posts: 7,687 Forumite
    1,000 Posts First Anniversary Name Dropper
    Zak64 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.
    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?

    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. 
    Your point is correct, but I wasn't implying that - I was just curios to see if that qualifies as contract breach.
    The task may have been delegated by the Director. 
  • EnPointe
    EnPointe Posts: 820 Forumite
    500 Posts First Anniversary Name Dropper
    edited 9 December 2023 at 7:18PM
    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? 

    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.
    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 bonus

    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 Director
  • Zak64
    Zak64 Posts: 9 Forumite
    First Anniversary First Post
    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.
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