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Beginner June 2007

Redundancy help/advice

Starry25, 23 October, 2008 at 18:52 Posted on Off Topic Posts 0 5

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Hi all,

I was wondering if you could offer me some advice concerning my husband. He has worked for a air conditioning business as an employee since March 2007, since he has worked for this company there has been a high turnover of staff and he is now one of their longest serving employee's at just under 2 years! He has worked hard, has never been late or had any sick days off and no complaints against him.

Today he had a text message to his work mobile asking him to come to the office out of London tomorrow morning for a meeting, when he rang to ask what the meeting was about his manager told him "we'll talk about it tomorrow" when my H asked him again and said for a joke "I'm not getting the sack am I"? his manager replied "actually yes we have to make some redundancies and you'll be leaving at the end of next month"...

This has come as a great shock as they have other employees who aren't very good at their job and aren't qualified but are doing the same job as him for more money then he is currently on. He hasn't had any warnings this was going to happen and the work that he is employed to do still is in demand and they aren't moving premises.

My H is in shock as we have 2 young children and are only weeks away from Christmas and has already started looking for a new job but I am sure that they can't just do this to him and I can't make head or tail of any advice concerning his situation apart from he isn't entitled to any redundancy pay as he was employed less then 2 years by the company. If you could give any advice no matter how small I would be very grateful..

Thank you x

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5 replies

Latest activity by Starry25, 23 October, 2008 at 19:17

Beginner July 2009
Zo� · 23 October, 2008 at 18:55
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I think the best thing for you to do will be to speak to ACAS https://www.acas.org.uk/. There is a section on redundancy on the website and they can help via phone.

He is entitled to notice pay and any holiday he's owed, but sadly you are right about the redundancy pay.
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Beginner May 2007
Kegsey · 23 October, 2008 at 18:59
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Sorry to hear this, it sounds very sudden. I think the rules are, if there are more than 20 people to be made redundant, then the company has to do a consultation. Below this, I think they can just make someone redundant with no notice. They'll have to pay him notice (how long should be in his contract) which he may or may not have to work. As he's been there less than 2 years, I don't think he's entitled to any redundancy payment. Also, I think that he'll be entitled to reasonable time off work for interviews.
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Beginner
Stargazerlily2626 · 23 October, 2008 at 19:03
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How awful for you.

In a nutshell his employer has to follow a statutory procedure which involves giving your husband notice that dismissal is being considered and inviting him to a meeting before any decision has been made. He should also be given a right of appeal. In order to fairly dismiss someone under the employment rights act there has to be one of a set number of potentially fair reasons for the dismissal. Redundancy is one but it has a very specific definition. When considering redundancy his employer should give thought to who should be in the 'pool' of people being considered and should have a justifiable criteria for who is picked. They should warn that there is a risk of redundancy and consult with the employees to consider alternatives (eg pay cuts change in role etc...) they should also make proper efforts to look for suitable alternative employment. If they don't do these things your husband could potentially bring a claim in an employment tribunal for unfair dismissal. I can't advise on his individual case but bear in mind the time limits for bringing complaints are very short (basically 3 months). Hope that helps a bit.
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Beginner June 2007
Starry25 · 23 October, 2008 at 19:10
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Thank you all for your advice, I am starting to try and make sense of it all... basically I have found out the company have employed another air- con engineer in the last 4 or so weeks so I've read on one of the advice sites, if they have done this there is obviously work available. Basically, my H is saying they are employing their 'friends' in the company who are unqualified etc and he is just being treated unfairly..

He has a meeting tomorrow but he is so upset and angry I am advising him to try and record it but I am unsure how legal that is...?

Thank you again
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Beginner May 2007
Kegsey · 23 October, 2008 at 19:15
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If that the case, then, as unfair and wrong as it is, I suggest that your H starts looking for another job. If they want him gone, then they will do that anyway they can. At least with redundancy, he'll be able to claim any benefits applicable until he finds another job and it won't look bad on his CV. If they decide to sack him or make life so difficult he chooses to leave, then it will be harder.

Also consider, if they are employing unqualified people, then its likely the company isn't going to survive long.

Good luck.
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