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Fixed-term contracts: Redundancy waiver in short contract was valid

This report relates to 1 case(s)

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    Housing Services Agency v Cragg [1997] IRLR 380 EAT (0 other reports)

If an employee enters into a fixed-term contract for two years or more with a written waiver agreement attached, and that term is renewed for a further fixed period of any duration whatever, then, provided he or she enters into a fresh waiver agreement during the currency of the extended term, his or her right to claim a redundancy payment is validly excluded, holds the EAT Housing Services Agency v Cragg 14.2.97 EAT 460/96. There is thus a clear distinction between redundancy waivers and unfair dismissal waivers. In the latter case, the final contract under which the employee worked must always be for a fixed term of at least a year if any waiver is to be effective.