If you hire an employee on a 2+ year fixed term contact, are they entitled to redundancy if/when they are dismissed at the end of the contract? Is there any way to avoid this if an entitlement exists?Posted in : First Tuesday Q&A NI on 3 November 2015
The non-renewal of a fixed-term contract will be potentially fair by reason of redundancy. The usual "band of reasonable responses" test will apply to whether it was fair to dismiss for that reason, and the usual rules regarding adherence to a fair redundancy procedure must be followed. Employers should note that, if redundancy is to be relied on, they should consider pooling, suitable alternative employment for the employee, and will have to make a redundancy payment if the employee has two years' service or more.
Before the Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations (Northern Ireland) 2002 came into effect, employees were able to waive their right to
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 the employment team at Worthingtons Solicitors
Back to Q&A's This article is correct at 03/11/2015
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.