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Potentially being made redundant - is this clause legally binding?

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  • Potentially being made redundant - is this clause legally binding?

    It seems odd to me that they can dictate your notice period if you leave (which is a long notice period, given my role).
    But if they make you redundant, said company can give you minimum statutory notice pay?
    Surely your notice period is your notice period as set out in your contract?

    "You are required to give 2 months’ notice and are entitled to receive statutory
    minimum notice
    to terminate your employment with this Company, unless statute
    provides for a greater length of time based on your length of service."

    Thought this would be worth posting on here.
    Tags: None

  • #2
    Your notice period is indeed that which is set out in your contract. In your case, your contract specifies that to terminate your employment the company must give you the statutory minimum notice.

    While it is unusual to see a clause which provides that the employee must give more notice than they are entitled to receive (until their length of service is such that they are entitled to receive more than 2 months notice), I see nothing in this that is unlawful
    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

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