OH made jobless, help with benefits (?) required please

zzzLazyDaisy

Hi, firstly, just to be clear - if OH goes to a tribunal the company won't be ordered to give him his job back in these circumstances, but he MAY get financial compensation for the time he is between jobs (the amount of compensation depends on how long the tribunal think OH would have continued to work there, if the employer had followed the law and behaved fairly.

Even if he persuades his employer to change the reason to redundancy and pay him a bit extra, he can still go to a tribunal even if he says he won't, and the tribunal will ignore that conversation (just so you know the law)

At the moment I'd stick with keeping it informal and just make the phone call yourself. As soon as you involve professionals it is likely to put her on the defensive and crystalise the position - and if you use a solicitor it could also end up costing you more than it is worth.

When he does speak to her, he should also ask her to give him a reference. A 'to whom it may concern' reference won't carry much weight and most employers will still write to the previous employer - BUT if she has given OH a written reference already, it is more likely that she will give the same reference when approached by a new employer.

Keep posting, we will help if we can.

dooby

Thank you LazyDaisy, he'll feel more comfortable if he speaks to her himself rather than involving 3rd parties at this stage. He was very fond of the company and sees it as a little family. He previously worked there for 10 years before this 3 year stint so has known them all for a long time really, most his working life.

If she won't agree to change it to redundancy is it right that we should ask for a copy of the company's disciplinary procedures? (I read that on another thread on here).

dooby

Update....

Thank you for your help and advice yesterday. It's much appreciated.

OH has spoken to his ex employer and she has agreed to send him a letter saying that he's been made redundant and she says she'll give him a good reference.

She said that the original letter will stay on file at their end but that she doesn't want to get in his way of him finding another job. We're pleased with that outcome.

zzzLazyDaisy

Hi, I'm pleased to hear it all worked out for you. I hope your OH finds work again soon x