Redundancy but no employment contract
sxp842
Posts: 46 Forumite
Hi
I am posting this thread on behalf of my partner. He has been working at his company for approx 6 to 7 years (he cannot remember exactly when he started). For the first few years he was working part time, and then he moved up to full time work. He was only given a proper employment contract 2 years ago. Prior to this he was not given a contract, but he was paid regular amounts on a monthly basis (plus he got his travel reimbursed in cash - he stopped receiving this perk after he signed his employment contract).
He cannot remember what the position was re holiday pay and sick pay when he was not on an employment contract.
The issue is, he has now been told he may be getting made redundant. My question is - would he qualify as an employee for the 6 years he has worked there? Or only for the 2 years he has been under a signed employment contract?
He is only entitled to statutory redundancy pay (nothing in his contract about redundancy)
Thanks
I am posting this thread on behalf of my partner. He has been working at his company for approx 6 to 7 years (he cannot remember exactly when he started). For the first few years he was working part time, and then he moved up to full time work. He was only given a proper employment contract 2 years ago. Prior to this he was not given a contract, but he was paid regular amounts on a monthly basis (plus he got his travel reimbursed in cash - he stopped receiving this perk after he signed his employment contract).
He cannot remember what the position was re holiday pay and sick pay when he was not on an employment contract.
The issue is, he has now been told he may be getting made redundant. My question is - would he qualify as an employee for the 6 years he has worked there? Or only for the 2 years he has been under a signed employment contract?
He is only entitled to statutory redundancy pay (nothing in his contract about redundancy)
Thanks
0
Comments
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Difficult to say. Whether written or not, he had a contract. But I can't say what sort! What do you mean by he got paid regular amounts? Pay slips? Tax and NI? Did he work regular hours and who decided those hours?0
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Yes he got payslips. His employer paid tax and NI.
Regular hours is more tricky - for the first few years he would arrange with his boss what days he worked, though it was usually 2 days a week. However he didn!!!8217;t get to decide what time he came into work or left, he had to stick to their hours.
He eventually went full-time (though still not on a written contract). At this point he wasn!!!8217;t deciding what days or hours he worked - he just worked full-time hours the same as any other employee.
After a year or so of this, they then put him on a written contract0 -
Has he kept all his pay slips and p60's?
Start with a claim back to the day he started, worst case should be when he went full time.
It only becomes a problem for the part time years if they say no and he needs to evidence a contract that would qualify as continuous service.
probably worth trying for the full service before spending too much time on the details of what might be needed to evidence the service.0 -
It'll be all the time he worked there as an employee. Having a physical contract or not is irrelevant, "the law" provides a theoretical contract if a physical one doesn't exist.0
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