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I am french, living in France and working in France for a uk

 
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  • Answered by:Top_advisor
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Customer Question

I am french, living in France and working there for a uk company since 5 years. 

I just have been redundant with an english contract. 

And i will not have french social indemnities, since i am not declared here. They ask me to sign an amendment which was stipulated that i was under a secondment agreement 6 months ago .But I did not sign since not very trustful. Is the redundancy process fine? Is it normal?

 



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Submitted: 312 days and 11 hours ago.
Category: European Law
Value: 54 €
Status: CLOSED
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Expert:  Top_advisor replied 312 days and 11 hours ago.

Is the UK company saying they will pay you a redundancy payment given your length of service?

Customer replied 312 days and 11 hours ago.

They put the following:

THE NOTICE PERIOD SET OUT IN THEIR CONTRACT OR AN EQUIVALENT PAYMENT IN LIEU
PAY IN LIEU OF ANY ACCRUED BUT UNUSED HOLIDAY ENTITLEMENT
A STATUORY REDUNDANCY PAYMENT WHICH IS CALCULATED ON THE BASIS OF THE EMPLOYEE AGE WEEKLY SALARY (subject to maximum currently £430) AND LENGTH OF SERVICE

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Expert:  Top_advisor replied 312 days and 11 hours ago.

Pierre

That sounds like they intend to pay you notice, any holiday pay and a redundancy payment. If you tell me your salary and age, I can tell you how much you will be paid?

Customer replied 312 days and 10 hours ago.

But do you think it is legal since I would have to be under the french law.


Not sure how i can get UK indemnities if never been resident or lived there?

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Expert:  Top_advisor replied 312 days and 10 hours ago.

Does your employment contract say that the relationship is subject to English law?

Customer replied 312 days and 10 hours ago.

yes

Accepted Answer

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Expert:  Top_advisor replied 312 days and 10 hours ago.

OK.

So, the entitlement to a redundancy payment is enshrined in English law. If you have worked for a company for 2 years or more and your position becomes redundant, you are entitled to receive a redundancy payment from the company. It does not matter where you are working or whether you have ever lived in the UK.

It does also sound like the company intends to honour the payment.

John

Expert TypeAttorney
Category: European Law
Pos. Feedback: 100.0 %
Accepts: 20
Answered: 7/6/2012

Experience: Solicitor and Attorney

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