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Redundancy at risk 10 days pre I year service


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I am hoping someone can give me some advice re the way my current employer is treating me. I joined on a 6 month maternity cover contract on 28th July 2010 - was offered a permanent position 3 months later as they thought I was good and they thought they would offer me a different equivalent post if the woman I was covering for cam back after her years maternity leave.However I am now likely to be put at risk of redundancy very soon as the company is not doing well and has a large budget deficit. My question is if I am put at risk now and given the 30 day consultation period (more than 20 employees will be made redundant) will I still be accruing my continuous employment during the consultation period? My feeling is I would be but HR are saying they don't know.....If I do accrue these rights I will be due an extra 4k once formally made redundant as per my employment contract which allows for enhanced payouts after 1 years service and due to my age. HR are saying they make the payment calculations on the day of putting people at risk in which case I will not have completed 1 years service. If howvere they are wrong I will be entitled to the extra payment following the 30 days consultation.My other question is do I have rights to claim harrassment and discrimination even though I am just short of a year? Any advice very gratefully received:)

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Length of service accrues up to the effective date of termination, but as to whether this qualifies you for a contractual redundancy payment depends on the precise wording of the contract.

 

There is no right to statutory redundancy pay until you complete two months service, so what does your contract say about the employer's own conditions?

 

When you say discrimination - is that in the legal definition, ie sex, race, religion etc? Would that be part of the reason for dismissal?

Any advice given is done so on the assumption that recipients will also take professional advice where appropriate.

 

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