Employment Lawyers Can Answer Your Employment Law Questions
Hello, I’m Ben, a UK lawyer and will be dealing with your case today. I may also need to ask some questions to determine the legal position.
Do you know if you received any enhanced redundancy package under contract? Please note this is not always an instant service and I may not be able to reply immediately. However, rest assured that I am dealing with your question and will get back to you today. Thanks
are there others going back to that time who may have kept their own contracts?
Thank you. Obviously, the employer should have kept copies of your contracts but as it has gone through a couple of transfers and the originals go back so many years, they could have been mislaid over time. That does not mean it is allowed but then again if it has happened, there is little that can be done to retrieve them, assuming they are genuinely lost. The issue is that this does not in itself give you any rights. It is of course an inconvenience but you are purely working on speculations at the moment – you have no proof you get any enhanced redundancy pay and unless there is anything you can show as even potential proof, this will not go very far. You will simply be arguing that there is potentially enhanced redundancy, just because you got other benefits, but there is no evidence and no proof of it and the fact that the employer does not have a copy of your contract does not mean that was the actual case - it is still just speculation.
I appreciate this may not be the answer you were hoping for but it is the legal position and I hope that it at least clarifies where you stand?