redundancy legal advice needed

lollipop_28

Hi
My hubby was made redundant almost 2 weeks ago now. He's worked there for less than 2 years so isn't entitled to any redundancy payment. His last day is on 31st Dec.
Now on his contract of employment it says that if redundancies are made he would be entitled to a meeting with a rep of his choice to join him. This did not happen and occurred completely out of the blue. It also says that the notice period is 4 weeks in writing. Well he has had nothing in writing from them, it has all been verbally. Does this mean that he could go to them now and request it in writing and they would have to pay him 4 weeks from the date of the letter?
Thanks

doodledo_2

Sorry not really sure of an answer. Suppose it depends whether you are made redundant as your job is going or whether it's because the company is going into administration.

If it's the first I would have thought he would be entitled to the 4 weeks notice.

I find it strange that there has been nothing done in writing, is it a small firm. I remember when my old job closed down we gave everyone a letter confirming the date they were made redundant, amount they would be paid, etc etc

debtdesperado

Hi Lollipop

If the statutory redundancy procedure has not been followed, you might have a claim... but if your husband is getting an amount over and above payment for his notice period (plus anything he is owed on a statutory basis) and is signing any sort of agreement, check the terms of the agreement for a term under which he agrees to waive his rights in return for the extra payment. This is quite normal, but he might want to do a bit of negotiating before he signs it, depending on what they are paying him to go away!

If he isn't signing anything, go and see a solicitor to check if he has a claim (be warned - although he may have a claim, it might not be for much and so the costs of enforcing it might be more than the value of the claim).

But a solicitor will be able to advise you of the specifics in your situation!

lollipop_28

Hi
Thanks for your replies. Yes it is a small firm. The company isn't going into adminstration but it is really struggling. The reason they got rid of my husband and one other member of staff is because they are the only 2 that have been there for less than 2 years. The others have been there over 2 yrs so of course they would have to pay them redundancies. They have, however, reduced another employees wage. All my husband has been told is that he will be paid until the 31st December and then he will no longer have a job. He is not getting anything else other than his usual monthly wage. There has been no formal notice, he was just called into the chairman's office a week last thursday and told that he would no longer have a job as of 31st Dec. I'm surprised actually because they still expect him to work their notice even though he works in IT - I know a lot of IT companies ask them to leave straight away due to the damage they could do!!

lollipop_28

anyone else any knowledge on this sort of thing?

RAS

Have a ferret here http://www.acas.org.uk/index.aspx?articleid=1611 and give them a ring tomorrow.