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Got made redundant - where do I stand with contract??-legal dudes!

Old Jan 29, 2003 | 10:59 AM
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Hi All,

Some of you may know I got made redundant last week. Left on the day, but was given pay till the end of the month. This meant Id only done about 6 days work for full months pay - so as I wanted out anyway I took the deal.

However - I know read my contract.(Important to note that I nor they ever signed this - small company) It reads:

8 Notice of Termination:

8.1 The notice which you are entitled to receive from the Employer in order to terminate your employment is one months notice in writing up to to one years service, two months notice in the second year and three months after that.

8.2 The employer reserves the right to make a payment in lieu of notice which shall consist solely of the sum equivalent to your basic salary

8.3 The written notice which you are obliged to give the employer to terminate your employment si the same as that which the employer is obliged to give you under para 8.1 above

--------------------------------

So, Im gonna wait to get my money this month but then - can I pursue for more? Remember have no signatures...........

cheers


Andy

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Old Jan 29, 2003 | 11:19 AM
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You should have an implied contract, even if you or your employed didn't sign it.

I'd ask for as many months as your contract suggests.

D
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Old Jan 29, 2003 | 12:12 PM
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For a start, you haven't said how long you've been with them. If less than a year, you've got what it says in the contract.

Could be lots of arguments between lawyers about a non-signed contract, and whether you were implicitly bound by its terms, or whether you are only implicitly bound by statutory terms (whatever they may be) or by whatever the standard term is in your particular industry.

Suggest you try to find the current statutory terms and see if they give you anything better according to how long you have worked there. I doubt it.

fast bloke's usually quite good on these things, where is he?

Brendan
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Old Jan 29, 2003 | 12:24 PM
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I was there a year and a half
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Old Jan 29, 2003 | 12:57 PM
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If you had worked six day of the month and were then made redundant, then you are owed six days + your notice period.

If they don't require you to work your notice than thats their choice. As you say the notice period is two months for more than one years service therefore they should be paying you two months & six days.

As you have not worked for two years you cannot get any redundancy pay out of them.

All payments are liable for tax & NI

Kiwi
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