Non Compulsory Redundancy clause

[tomtom12]

Hi,

I have a no compulsory redundancy clause in my contract ( basically we operate no comp. redundancies), last week we enter into a 30 day consultation with risk of redundancy. No one seems sure on what protection this clause offers, or how the employer can enforce making a job redundant with this in place. Any help will be appreciated.

[Sidfish]

Re: Non Compulsory Redundancy clause

Hi,

I have a no compulsory redundancy clause in my contract ( basically we operate no comp. redundancies), last week we enter into a 30 day consultation with risk of redundancy. No one seems sure on what protection this clause offers, or how the employer can enforce making a job redundant with this in place. Any help will be appreciated.

Hi, I have not heard of this before. Basically the allegation is that there is a contractual clause which states that you can never be dismissed by reason of redundancy. Can you post the actual clause. How long have you been employed.

[tomtom12]

Re: Non Compulsory Redundancy clause

the term is

We operate a Guarantee of No Compulsory Redundancies for Employee’s who have 5 or more continuous years service. I have 7 years service.

Just wondering how they could get round this ??

[Sidfish]

Re: Non Compulsory Redundancy clause

the term is We operate a Guarantee of No Compulsory Redundancies for Employee’s who have 5 or more continuous years service. I have 7 years service.Just wondering how they could get round this ??

I have not heard of anything like this in 25 years of practice. I would of course refer them to the clause . In the event that it was ignored then you would have a grievance. Or appeal if a decision has been taken. They might be consulting with everyone and given your service you may be the exception

[des8]

Re: Non Compulsory Redundancy clause

The only case I can find which might apply is that where MG Rovers "no compulsory redundancy" policy, which had been part of a collective agreement, was found to be aspirational only.
http://www.bailii.org./ew/cases/EWCA/Civ/2004/1507.html

[tomtom12]

Re: Non Compulsory Redundancy clause

Thanks - Aspiration was mentioned, we (collectively) have now received advice from a professional body. As this is detailed in our individual contracts, and not a collective, implied term, the MG rover ruling does not apply. WE have two option, agree a change to Terms, which we will not, and if redundancy is made, claim under breach of contract, or exit under a compromise agreement. If neither option is given.,turn up for work the next day.

[des8]

Re: Non Compulsory Redundancy clause

I suppose you could also accept the redundancy if terms were acceptable
If you opt to sue for breach don't forget there are caps on basic and compnsatory awards
It might be worth using the threat of tribunal action to "persuade" your employer to up any redundancy terms.