Is a staff member on a fixed term contract for a duration of more than two years entitled to a redundancy payment or does the contract end by reaching the agreed specified date? If there is a redundancy entitlement, must fair selection criteria be met before ending the fixed term contract?Posted in : First Tuesday Q&A NI on 3 July 2012
This member of staff would have unfair dismissal rights by reason of being in employment for more than one year. The question to ask, therefore, to help mitigate against the risk of an unfair dismissal claim, is what is the reason for the dismissal? The reason must be one of the fair reasons of dismissal, which commonly in this circumstance is redundancy. If it is, the employer will need to follow a fair procedure (including the use of fair selection criteria if appropriate) and a statutory redundancy payment is due if the employee has two years’ service.
In other cases there may be a
Already a subscriber?
Click here to login and access the full article.Log in now to read the full article
Don't miss out, start your free trial today!
Are you fully aware of the benefits of Legal-Island's Employment Law Update Service? We help hundreds of people like you understand how the latest changes in employment law impact on your business.
Help understand the ramifications of each important case from NI, GB and Europe
24/7 access to all the content in the Legal Island Vault for research case law and HR issues
Ensure your organisation’s policies and procedures are fully compliant with NI law
Receive free preliminary advice on workplace issues from Maxine Orr, Partner at Worthingtons Solicitors
Back to Q&A's This article is correct at 02/09/2015
The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.