Unfair Dismissal, is this illegal?

amy4

My OH has been told he is going to be fired in the next few weeks because they are hiring somebody new and there isn't going to be enough hours for them both. Thing is, the new guy works in a completely different role to my OH!

He is on a full time, permanent contract and hasn't been given any written notice just been told it is going to happen "in the next few weeks"

Is this unfair dismissal and is there anything we can do?

zzzLazyDaisy

How long has he worked for the company?

ceridwen

Hi

See our resident "legal expert" - aka LazyDaisy - is coming to your aid - so listen to whatever she has to say on this and take note...

My thought - as a "lay person" here - here is that he wont be "fired" - he'll be "made redundant". "Fired" means being sacked for something you've done wrong. "Made redundant" is what happens if there isnt enough work - and is to do with the position, not with the person in it.

Just thinking of a distinction that will need to be made - particularly to the DWP when it comes to claiming benefit if need be.They might disqualify O.H. from benefit for a few weeks/months if they think he was "fired". But - if he is "made redundant" due to no fault of his own - then benefit will be payable immediately (well - after that 3 "waiting days" - where no income is payable to anyone......)