contract of employment

[kevp]

Edited September 9, 2009 by kevp
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[flyingdoc]

if you have been there for 30 years then its kind of a bit late to be kicking off about not having a contract of employment.

 

However the fact that you do not, doesnt really make much of a difference to your position.

 

If you are being made redundant then you have statutory rights regarding redundancy pay

[elche]

Whilst you should have been issued with a Statement of Main terms within 8 weeks of starting employment, the lack of one will make little difference if you are being made redundant.

 

I suppose it could be relevant if there were any arguments about units of selection and you wanted to prove what your job actually was, but after 30 years I'm sure you would have no difficulty demonstrating to an ET what you actually did.

 

You will be entitled to contractual notice pay (12 weeks pay) + Stat Red Pay calculate that here: Ready Reckoner for calculating the number of weeks' pay due - BERR) + accrued but untaken holiday pay.

 

Che

 

NB At ET (if it got that far) you would be entitled to an award for not having the SMT - 4weeks pay I think

[kevp]

elche Edited September 9, 2009 by kevp
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[elche]

I would be grateful if you could you throw some light on the above for me, as it is not about being made redundant but the way they are selecting me for redundacy?

 

Well it is difficult to say as you don't say much about your redundancy - beyond the cost cutting.

 

What I can say generally about redundancy is that, redundancy is merely a potentially fair reason for dismissal. It has a statutory definition as per section 139 ERA, and situations which fall outside this are simply not redundancy situations not matter what label is attached to them by the employer.

 

Basically redundancy occurs in 4 situations:

 

a) The business disappears

b) The place of work disappears

c) The job disappears

d) Fewer people are required to do the job.

 

You need to tell us which of the above your employer is claiming to be 'suffering' from, and if this is a single post-holder red or if there is a unit of selection.

 

You should be told this during pre-redundancy consultation and you should also receive an 'at risk letter'

 

Hope this helps

 

Che

[kevp]

elche Edited September 9, 2009 by kevp
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