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Showing posts with label employment law. Show all posts
Showing posts with label employment law. Show all posts

Sunday, 28 April 2013

Ending Fixed-Term contracts

Q: I am a lawyer preparing a brief, I have a question for you, does a contract of fixed term imply a clause removing any requirement of a notice period and so termination can be at the will of the employer?


A: The only clause implied is that notice is not required at the end of the contract. However, any early termination of a fixed-term contract will result in a breach of contract, unless the contract contains an early termination clause allowing either party to give notice. Where the contract allows the employer to end it early by giving notice, the employee will be entitled to the statutory minimum notice applicable.

Friday, 12 April 2013

Employee Redundancy

Q: I was made redundant in February. Am I right in thinking that this means my former employer is unable to refill my position, I think, for at least six months?



A: No, you're not right in thinking that. An employer can hire someone else right after you leave, but it will cast doubt on the real reason for firing you. If this happens, you can bring a claim for unfair dismissal and if the employer cannot prove that the redundancy was genuine, but the circumstances have now changed, you will definitely be successful with your claim. 

What you described is one of the sly ways in which employers avoid getting caught when using redundancy to unfairly dismiss someone. They either wait a while before hiring someone new or they re-name the position.