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Beginner July 2009

Urgent HR/Employment advice please Lay Off/Redundancy Related

Bohemian Raspberry, 23 April, 2009 at 15:31 Posted on Off Topic Posts 0 7

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Ok, I'll try my best to keep this brief but I doubt I will. It's also probably going to be rambly so if I need to clarify anything please let me know....

OH started working for his company in January 07. In March this year he got laid off due to shortage of work and is now claiming job seekers allowance. Now the main thing I need to get across here is that OH doesn't want to go back working for this company. Following ACAS' advice, as it has now been more than 4 consecutive weeks since he worked for them, he sent them a letter on Wednesday requesting that they either make him redundant or provide him with 13 weeks full time work within the next 4 weeks. The letter he sent them also stated that they needed to get back to him in writing within the next 7 days (again on ACAS' advice).

His company have just hand delivered a letter, well I'd call it more of a note, telling him to go into their offices on Monday morning. There is no explanation at all as to what they want to see him for or even who the letter is from within the company, other than it is printed on letter headed paper. It literally just says can you please attend our offices on Monday 27th at 10:00am followed by a scribble of a signature which we can't even make out.

This is where and what I need adivce on if anyone can help. Working for this company has completely ground my OH down, and when he realised who the letter was from he started shaking, so if possible we really need to avoid any meeting with them as there is no way my OH can handle it.

The way we see it at the moment, is for him not to go to this meeting as the letter wasn't sent by post or anything like that, has no formal signature at the bottom and as I said before there is no explanation as to what they want him for. We really don't know what to do now, and are starting to wonder if we've followed the right procedure. If anyone has any advice on what to do we'd both be extremely grateful.

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Latest activity by alison76, 23 April, 2009 at 16:05

Beginner January 2007
Ice Queen · 23 April, 2009 at 15:33
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Why not call ACAS as they have been dealing with it up until now?
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Beginner July 2009
Bohemian Raspberry · 23 April, 2009 at 15:36
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Sorry IQ i should have said, there's no way we can ring ACAS at the minute. We're both on PAYG with no landline and no where else to phone from until weekend.
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Beginner January 2007
Ice Queen · 23 April, 2009 at 15:40
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If they've hand delivered it then I don't think you can say it wasn't received

I don't really understand why you had to write to them to ask to be made redundant when you say he was 'laid off' in March
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Beginner June 2008
emma numbers · 23 April, 2009 at 15:48
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I don't see how having PAYG phones stop you from calling ACAS. If you want to keep the call cost down saynoto0870.com has the following regional contact number for ACAS - ****.

As IQ said I don't think you can pretend you can ignore the letter just becaus ethey didn't post it. It being hand delivered means they know you definitely got it.

I think your H will have to prepare himself to go to the meeting but I would make speaking to someone for proper advice a priority before he goes.
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Beginner May 2007
Mrs Magic · 23 April, 2009 at 15:49
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If he is so visibly distressed at just receiving the letter, I would be speaking to his GP for advice.

?
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Beginner July 2009
Bohemian Raspberry · 23 April, 2009 at 15:58
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He already has done Mrs Magic, shortly after he was laid off.

We know we can't deny he hasn't received the letter, I've just read back my first post and apologies for not being clearer. From the advice we've been given, the response from his employer isn't or doesn't appear to be adequate. I've copied this from the direct.gov website, and is basically the same advice we got form ACAS.

Your written notice
The first step in the procedure is you must give your employer written notice that you intend to claim redundancy. You must give it to them within four weeks of the end of the lay off period for which you're claiming. **This is what we sent them this week**

Your employer's response

Your employer then has seven days in which to either accept your claim or give you a written ‘counter-notice’, if they don’t give you counter notice they are assumed to have accepted the claim. The counter notice is to tell you that your employer resists any liability to pay a redundancy payment because work will be available in the near future – this means that within four weeks work lasting 13 weeks will be available. If your employer gives you counter notice you won’t get redundancy pay unless an Employment Tribunal (Industrial Tribunal in Northern Ireland) decides in your favour. You can stay on and apply to the tribunal for a decision.

This is what makes us unsure as to why they need to see him, and why we're struggling on what to do next.

Sorry I don't think I should have posted this here as I can't really get myself cross properly at all. It's just all so bloody stressful and confusing
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Beginner January 2007
Ice Queen · 23 April, 2009 at 16:01
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I really think you need to find a way to call ACAS, they have clearly given very good advice in the past and will know exactly what you should do. Call the 01256 number and speak to them ASAP as it is obviously stressing you both out. Maybe ACAS could call you back if you explain you are on PAYG
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Beginner August 2007
alison76 · 23 April, 2009 at 16:05
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The way I see it, they're calling in your H to either tell him he's being made redundant and tell him on what terms, or to discuss work going forward.

However, I could be very naive/simplistic about this.

But, if working for them, or even the concept of speaking to them is too awful, maybe he should just resign and find something better for himself?
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