I’m looking for some advice for my sister as she is currently living and working in Mexico (but for a English company and on English Ts&Cs) I will call ACAS tomorrow, but I thought it wouldn’t hurt to post on here as I know some of you are good with this kind of thing.
She has worked for the company since July 23. Her original contract was July 23 - July 24 but with the possibility of extension. It got extended last year and in October she signed a new contract as she had a pay rise.
The company is now closing their Mexico branch, offering staff redeployment or an agreement to leave.
They have said she will get 3 months pay in lieu of notice, but no payment for annual leave untaken (this accrues Jan – Jan) or redundancy.
They quote parts of the contract
Not under the UK-based GVI Programs contract. The contract (Clause 9.3) specifies: “Under the terms of your employment, there will be no severance or redundancy payment available upon termination for any reason whatsoever.”
AND
No payment in lieu will be made for untaken annual leave on the termination of your employment.
My sister wants to know if this is legal as she (and I) were under the impression that companies can’t opt out of paying redundancy and for unpaid leave. (They also don’t run a pension scheme which I thought wasn’t allowed, but that’s irrelevant right now)
Any advice, laws to quote etc would be gratefully received. I have copies of her contracts and the termination Q&A, plus can ask her any other questions if more info is needed, but I’m trying to not overload this initial post!