Thanks Ben. What constitutes termination?
Fundamentally what I am looking to do is make sure that the insurance company does not try to prevent paying out on my current situation through a technicality on my husbands
Hi Again Ben
Sorry I have two clarification points
1. if he was terminated would that mean there would be no continuity of employment?
2. The actual definition of redundancy in the booklet is any person declared redundant who has been employed for two continuous years with the same employer.
His initial position became redundant. There is no mention of the word termination. In that case where do we stand?
Thanks again Ben
I just read somewhere that if an employee is made redundant and is due to start another job with the same employer then continuity of employment will be preserved so long as they start their new job within four weeks of the effective date of termination of the previous employment contract - is that incorrect?
So the fact that Ian's position terminated and he had a new position with the same company within 1 week of termination means that he was still technically redundant. The company was unable to pay redundancy pay at that point is that an issue?
But his position was terminated.
By way of absolute final clarification
In mid August 13 he was told that he would be made redundant with immediate effect as the company had lost a major client. He was also told that due to the fact the client went with immediate effect the company could not afford to pay redundancy at that point or payment in lieu of notice (it was a family members business).
Within a few days he was told that if he accepted another position he would be paid as the company could afford it. The company was not in a position to offer him any payments after that. He did not receive any funds from the new position from that point on.
He continued because of the family connection and was fortunately in a position to do this.
What is the position?
Ben thank you so much. I realise its my bad explanations. It should have read within a few days of him already being terminated he accepted the new offer.
So sorry to keep this going.
Thanks again for all of your help.
Hi Ben thank you so much. His employment ended on a Monday and a new offer on the Friday. He was not paid redundancy as the company could not afford it and he agreed to wait until it could. And then he started again within the weeks period and received nothing until eventually the company went into liquidation.
I hope this stands us in good stead when holding up the insurance claim.
Thank you so much again
So it would have been best if he had had a longer period of more than a week including the Saturday to Sunday period mentioned and then he would have been covered?
Thanks so much Ben
Thank you so much Ben - all clear :)