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redundancy process ; contract of employment t&c rights

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hi there my brother in law had to sit in on a meeting yesterday after the initial redundancy letters received.

at this meeting they offered him 12 weeks notice as per statutory law etc..,

however they were not aware of his written contract of employment which states he must have a 52 week notice period plus use of company car . as it states this in writing can they still legally enforce the 12 week notice period under redundancy?

they have asked him at this point to continue his normal work and they will get back to him.


all advice will be greatly appreciated

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Contractual rights override the statutory 12 week notice period. If he has it in writing and hasn't signed a contract since then he's entitled to up to 52 weeks. However they could require him to work it, and if he was dismissed and then sued then he'd have to mitigate his loss which means it's unlikely he'd get the full years pay either!

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