Offered another site instead of redundancy but??

xmaslolly76

and the but is the other site already has a full staff and they are waiting on one guy leaving so cant give my OH a start date at the moment. Can they leave him hanging with no pay for what could be weeks not days or do they have to pay him at least his contracted hrs as non of this is his fault and he would obviously still rather have a job than be made redundant but having no money for upward of two weeks will hit us hard.

Thank you for reading and all advise will be gratefully received :-)

getmore4less

There are a number of things that will need clarifying.

Does the contract allow for layoff, if not they have to pay him.

If it does then the normal layoff/redundancy rules apply.

I assume he has ben put at risk and the redundancy process/consultation has come up with this as a potential suitable alternative.

Is it suitable and does he want it?

Is someone on notice at the other place?

If they are he could ask they get PILON or garden leave so he can start

If not he could try to insist they bump someone and make them redundant

xmaslolly76

Consultation has been a joke to be honest he was told on the 4th that the site they work has had the contract withdrawn his options were to be made redundant or move to another site he asked what other sites they have and after chasing then no end of times they finally came back to him yesterday his final day at the old site and offered him one that isnt the best but at least he is still employed. Other than that he has had no communication off them at all they have also said that if he doesnt accept the site then they will not make him redundant anymore as its only 6 miles from where he lives and there is no reason for refusal (apart from he doesnt drive and has to rely on public transport but with anti socail hrs it doesnt always run when he needs to get there but thats another story).

He has no layoff clause in his contract.

All he knows about the place at the moment is where it is, the hrs he would get but not the shift pattern and that someone is leaving but they cant tell him when they leave and when he would start. This is coming from the control office non of the managers are ever available to speak to and HR are refusing to get involved and saying that the area managers need to sort it out. To be honest the place seems to be run by absolute clowns. He only got offered this site yesterday after speaking to acas and then telling them he would take them to tribunal if they didnt get their act together he finally got the phone call at 4:45pm 2hrs before he finished his final shift and he has to call them sunday to say yay or nay to something that he has no deffinate information on.

Obviously any job is better than no job so we are looking into how we will get to site at all probable times they could ask him to be there after checking google maps it appears the place is actually only 4.1 miles away and he has said he can cycle there if needs be or walk when the weather is bad. The only thing that is casting the cloud over it is the fact they can give us no dates of when he would need to start.

Thank you getmore if you managed to get through my waffle :-)

getmore4less

No lay off clause then I think they have to keep paying him or make him redundant when the existing job stops.

They seem to have predetermined this is a suitable alternative.

It probably is, the distance is not to bad even though he does not drive and public transport is not good.
Is there any change to the job other than location and hours that could help a case.
How close is the current location?

You might be able to make a personal unsuitable case but I think that is risky.
Could ask for a trial to test the commute.
(check with ACAS on this)

The lack of a start date means there is no job, so they need to make their minds up depends how much you want to push back and risk not having anything. reminding them that they have to keep paying might help.


I cycled to work for 2 years when I was younger in all weathers its not that bad if you have the correct gear, rain is the worst but supprisingly it does not rain as much as you would think. Having wash/shower facilities makes it a lot easer.

xmaslolly76

He doesnt mind cycling at all infact he already cycles just under three miles to get to the site he is at now its just this delay in the start date that is getting us down the job is virtually the same apart from the fact they have mentioned it could be permanent nights he currently did 3 days 3 nights then 3 off this new one would be 5 in a row but they cant confrim this at the moment. This is whats so annoying they just wont confirm anything but expect us to accept the position without the full facts and if we dont we get well its tough luck then :-(

Googlewhacker

I guess it all swings on how much redundancy you are expecting, if it is not alot then it maybe worth playing their games, if it is alot then you have a stronger hand to push them along

xmaslolly76

OK well we have an update

They have now come back to us with a start date which is surprisingly soon next wednesday infact which is fine. It is permanent nights again fine but the shift pattern is Wed, Thurs, Fri, Sat, Sun which means him never getting a weekend off and as you can see form my little thing at the bottom we have a young family which effectively means he would never see the kids. Now the guy who has been dealing with this at the control office is a bit of a Cocky Get and said thats the shift pattern it may change in six weeks time or it may not rotas are done on a monthly basis. Now if it is deffinately going to change every month then that is fine he will get his fair share of weekends off but if it doesnt then what?

So my question now is do we accept but insist that we get written confirmation that these shift are for x amount of weeks and then will change on a monthly basis or do we argue it out now that that shift pattern is unsuitable. I believe as per the government website he can accept the job on a trial basis for 4weeks without it effecting his entitlement to redunancy.

Thanks again you have been a great help so far :-)

Googlewhacker

Why would he not see them Monday/Tuesday? Surely this would cut down on childcare costs?

xmaslolly76

The kids are at school its the older two specifically plus monday would be spent sleeping for the most part. As i say its not a problem if the shifts change a few weeks of this a few weeks of something different it makes a difference but if its permanent then what kind of family life will we have a non exitent one as when he gets back we will be getting ready to do the school run then when he gets up i leave the house to pick the kids from school by the time we get back he will leaving for work again. I may as well be a single mom and the kids may as well not have a father figure in their lives for all the time he will be able to spend with them.

getmore4less

What are the night shift hours.

Does he get home in time to do breakfast with the family, sleep, do some stuff with the kids then go to work.

My Oh did night shifts and would have a few hours a day to do stuff so the weekends were not a total loss. Also the days of in the week were handy also.

Don't forget the Summer holidays being able to do stuff during the week can be an advantage over other families that have to do weekends.


The 4 week trial is usefull if you need time to decide but it sound like havin ga job is more important so if the comute is OK I would go with the flow, the chance will come again if they are loosing contracts.

xmaslolly76

6pm to 6am is the actual shift times so he will leave at 5pm and get back at 7am. Yes with the holidays it will make it easier which is why we dont mind the shifts for the moment as long as its not permanent. As i said the bloke on the phone sounds like a complete @rse who just likes winding people up he was well cocky when we first contacted him until we mentioned acas. OH is going to try and speak to his manager tomorrow who is back off holiday all we want is written confirmation that the shift pattern will change periodically and that it isnt permanent.

We have also said that if worse comes to worse we stick it out and he jobs hunts it is after all easier to get a job whilst in employment than when your not. It just completely winds me up that this little pleb is on some sort of power trip and wont confirm anything unless we get legal on him