advice please

sammcg

other half works for a local company, there are four people in his department, about 8 weeks ago, it was announced that due to financial difficulties, someone was being made redundant.... the company called in the small business enterprise etc. and the young apprentice was being let go. (he served his time there, been there since he was 17, now 22), so he was a bit upset. but was told he would get four weeks at redundancy pay etc. He told them yesterday that he starts a new job Monday, and he was allowed to finish up tommorow, instead of wednesday of next week which was agreed four weeks ago when he was given his redundancy.

However, in the meantime, my other half has got another job, and handed in his notice Tuesday and starts a week on Monday. He will get just his weeks lying time. hopefully!

(it turns out thought that the boss knew that other half was going Tuesday and yet let the "young boy" go for another job on Wednesday and even gave him a reference).

The company then gave the new boy a letter this morning, saying that they withdrawing his redundancy as cirumstances have changed, and he could still go but they wouldn't be giving him his redundany. not sure of the exact wording but this is what it means.

any one offer any advice on this. My other half told him to go see a lawyer. but hes only 22 and a young 22 old . What my other half thinks, is that they are now up the creek without a paddle going from 4 employees to 2 and dont' want him to go. and trying to get him to stay. The new place will be better opportunities for him and better money.

getmore4less

I have been involved with an employment situation similar to this where the redundancy was withdrawn the employee did not have a job to go to but still wanted to leave.

The legal advice given was they can withdraw the redundancy and you would just be resigning if you still left but if they had a job then the redundancy could not be withdrawn and would need to be paid as agreed.

Definately worth a call to ACAS and seek independant legal advice, perhaps the home insurance policy provides legal cover.

If he was just getting statutory redundancy for service under 22 it is 0.5week per year capped at £380 so even with full 5 years with 1 years over 22 that would be £1140.

He should still get paid outstanding holidays and I think(do check) any PILON that has been agreed,