Redundant today, and sent home immediately?!! Is this legal?

Mumolulu

75% of my Husbands work colleagues went into work today, first day back after xmas, to be given a redundancy package, and sent home. There and then.

How cruel? Surely this isn't legal?

My Husband, thankfully, is one of the remaining staff. It is looking pretty unlikely that his employer will be continuing, much longer, so I can see him going too, but I wondered if anyone can shed any light on employment and redundancy and if you can just 'send them home' there and then??

He has been there officially a year and a bit, but unoffically, over 15 years. (He left for a while and returned). I've also heard that you can't 'sign on' if you are given redundancy either?

I'd love for some advice please. Looks like 2009 is a challenge...

minnie123

Hi, I know you can sign on if made redundant straight away. It's only if your sacked you can't sign on for 6 weeks (or a similar timescale)

alyth

happened to me, only my boss did it by a telephone call and send my redundancy cheque to me - it's brutal the way some companies do it unfortunately.

You can sign on straight away, if nothing else to ensure your NI contributions or whatever it is are kept up to date.

I hope the news is not too bad for him.

Keeping_Motivated

Look at this website www.acas.org.uk you should be able to get loads of info off there and you could also ring and speak to them too.

Good kuck

McKneff

It is legal to do this as long as they pay you in lieu of your normal notice period. Yes it is cruel, but can you imagine the mayhem that someone who resented the fact could cause if they stayed in the company for a week or a month.

LittleVoice

Doesn't sound as though they have gone through proper process as there hasn't been an consultation. However they may want to argue that it was necessary to get people off the premises without the opportunity to create problems. It depends on their trust of the staff and the sort of work done.

As far as your OH's situation is concerned, any statutory redundancy package would be based on his current period of employment. Having left for "a while" doesn't sound as though his employment could be linked. So he won't be entitled to any statutory redundancy pay until he has two years employment.

PasturesNew

I've been made redundant more times than you can shake a stick at. Every one is different. I've only once been asked to leave immediately, but they were making microwave thingies for essential purposes, so it was their security policy to tell people they were redundant and they could leave immediately.

What IS important is being paid any due notice and holiday pay.

Personally I'd prefer to leave immediately, imagine the resentment that could build up in some people. And your mind's not on the job when you think you'd rather be jobhunting.

The last time I was made redundant I wasn't allowed to tell anybody. I was having to work alongside them and keep it a secret, they said it was because if the others found out they'd panic as they'd think they were next. So day in, day out I had to work with/alongside people for a whole month - people who were talking of future events that I knew I'd not be there for, deadlines and customers etc. That was tough. I had my final day and there was a staff meeting straight after work. I had to invent a reason to the staff that I couldn't make the meeting and I left. At the meeting the staff were told I'd been laid off.

That was an awful time.

Hurrah to those bosses that let you go immediately I say!

tanith

Mumolulu wrote: »

75% of my Husbands work colleagues went into work today, first day back after xmas, to be given a redundancy package, and sent home. There and then.

How cruel? Surely this isn't legal?

My Husband, thankfully, is one of the remaining staff. It is looking pretty unlikely that his employer will be continuing, much longer, so I can see him going too, but I wondered if anyone can shed any light on employment and redundancy and if you can just 'send them home' there and then??

He has been there officially a year and a bit, but unoffically, over 15 years. (He left for a while and returned). I've also heard that you can't 'sign on' if you are given redundancy either?

I'd love for some advice please. Looks like 2009 is a challenge...

Sorry to hear that, no one wants to hear of people being made redundant.. maybe his employer is keeping on those that he won't have to pay redundancy to (under 2yrs employed) then when then end comes he can just say go now and not have to pay a penny out... I hope I am wrong . At least your husband has some breathing space to find another job while he is still employed.. good luck with the job hunting..

ceridwen

I've been made redundant several times and it is my experience that it is the norm to be expected to leave at the end of that day. I did get expected to work out the month's notice once - but they changed their minds a couple of days into that period and told me to leave at the end of that day (probably because I WAS being disruptive - as it had been an unfair selection for it!).

It did work out for the best in the end - I know - because I followed the progress of the firm concerned afterwards - and in particular that of the person responsible for me having been the one selected;) - what went around, came around.:D .

It may not/in fact definitely wont seem like it at the time - but my own personal motto now for these situations is "A better day is dawning". I have now become pretty adept at finding silver linings to clouds...

MidlandsMum

I once discovered I was redundant when I tried to call the office the evening before I was due in and no-one answered. When I called the head office the staff refused to speak to me. I was 36 weeks pregnant and had to wait two days to be told officially I didnt have a job. Some companies are just like that. Makes you realise how "cheap" labour really is!

Mumolulu

Thanks everyone.

In response to your helpful posts...My husband is one of a few left who are multi skilled within the workplace, and can do everything workwise, in there. The ones left, apart from my husband, will actually get a lot of redundancy when they go, (it definately is 'when' not 'if').

My husband thinks what the company is trying to do, is finish the orders and workload that they have remaining, keeping all the 'best guys' on to do it for a month or so perhaps? Therefore making the company a bit of money, to pay off their debt or whatever, (possibly even get a bit in the bank for the md) and then they will all be gone too.

One bloke has already contacted acas, so they know about it too, but I didn't know they had a website so thanks for that.

MD has also said that for those guys left he doesn't know what he can pay them, and that they will have to take a pay cut, and whatever is in 'the pot' from the work done and sold, they will divide between them. Can't see that happening either.

I just feel so sick, they are not the best employers, and never have been, and I'm so resentful to the MD as he is obviously extremely selfish and wants his 'monkey's' to do him a few favours, possibly without pay, for the while the business has got left. He also said he wanted to 'start the business again' with the blokes left, but thats a joke, as its been failing for a while, and I just don't know why he doesn't shut up shop and be honest with them, shake their hands, say thanks and let them all go. At least then we will know where we stand.

Hub actually said to me he wished he had gone yesterday as then the decision is made and we know where we stand.

:mad: