Termination of employment contract query

justagirl

Hypothetical scenario regarding termination agreement.

Let's suppose that Catherine was on a rolling contract for a company via an external agency. She was told by the agency over the phone that she was being made redundant and was talked through the payments the company was offering.... she has received a termination payment agreement....it mentions it being 'mutually agreeable' ... only redundancy was mentioned to her and at no time was 'termination' mentioned to her .....

Any input on this? thanks

Pat Mustard

EDIT: This thread can remain but legal advice cannot be sought or given.

lifeandtimes

Ok but why did she think she was being offered redundancy...her employment is being terminated and if she wants the redundancy then this mutually agreed

Pro Hoc Vice

justagirl wrote: »

Hypothetical scenario regarding termination agreement.

Let's suppose that Catherine was on a rolling contract for a company via an external agency. She was told by the agency over the phone that she was being made redundant and was talked through the payments the company was offering.... she has received a termination payment agreement....it mentions it being 'mutually agreeable' ... only redundancy was mentioned to her and at no time was 'termination' mentioned to her .....

Any input on this? thanks

Termination is the ending of employment the termination is coming about by redundancy. They are not mutually exclusive.

http://www.citizensinformation.ie/en/employment/unemployment_and_redundancy/redundancy/redundancy_procedures.html

Your employer must give you at least 2 weeks' written notice of the redundancy. On the date of the termination of employment your employer should pay the redundancy lump sum due to you.

To put it another way all redundancy is termination but not all terminations are redundancy.

justagirl

lifeandtimes wrote: »

Ok but why did she think she was being offered redundancy...her employment is being terminated and if she wants the redundancy then this mutually agreed

She was told that she was being made redundant as her department was being got rid of and that her job no longer existed .... so she assumed she was being made redundant.

She then told by the agency that she could apply for another role that was her old role plus another function, and then subsequently told that there was no point in applying as the filling of the role was to far progressed.....

justagirl

Pro Hoc Vice wrote: »

Termination is the ending of employment the termination is coming about by redundancy. They are not mutually exclusive.

http://www.citizensinformation.ie/en/employment/unemployment_and_redundancy/redundancy/redundancy_procedures.html

Your employer must give you at least 2 weeks' written notice of the redundancy. On the date of the termination of employment your employer should pay the redundancy lump sum due to you.

To put it another way all redundancy is termination but not all terminations are redundancy.

My understanding is that redundancy payments and termination payments are treated differently for tax purposes - is that correct ? Also, if she is made redundant and cannot secure another job she can apply for job seekers whereas if she is terminated - she cannot seek job seekers if she is not working ?

Pro Hoc Vice

justagirl wrote: »

My understanding is that redundancy payments and termination payments are treated differently for tax purposes - is that correct ? Also, if she is made redundant and cannot secure another job she can apply for job seekers whereas if she is terminated - she cannot seek job seekers if she is not working ?

The only way to get a solid answer to your friends questions is to bring the agreement to a solicitor.