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Enhanced Redundancy Payment in Non-Contractual Policy

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  • Enhanced Redundancy Payment in Non-Contractual Policy

    About to begin consultations as an employee rep as all staff being at risk of redundancy. Company have a redudancy policy that’s been in place since 2013 that lays out an enhanced payment that all staff with over two years service are entitled to.
    however there is the following statement at the beginning of the policy: “All those persons referred to within the scope of this policy are required to adhere to its terms and conditions. This policy is non-contractual and may be changed/amended or withdrawn at the company’s absolute discretion.”

    does this mean they aren’t required to offer the enhanced payment? The management have already mentioned “legally they are only obliged to pay statutory” so just want some clarity on where we stand before we have the formal consultation?

    Tags: None

  • #2
    Yes, it is not contractual or legally binding. You should not rely on those terms being available. I suggest that you discuss with management whether any redundancies will be on these terms.
    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Guides and handbooks for Litigants in Person - :

    https://legalbeagles.info/forums/for...60#post1701560

    Comment


    • #3
      Thank you! What is the point of having the policy in that case as it is available for all employees to view and held with all other HR policies?

      Comment


      • #4
        Indeed.

        But in the consultation process ask whether the terms of that policy will apply.
        Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

        Guides and handbooks for Litigants in Person - :

        https://legalbeagles.info/forums/for...60#post1701560

        Comment

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