to make you redundant do they have to give it to you in writing

ndowley1

my husband was given a letter in the first week of jan saying they were thinking of making him redundant, after two meeting the last two weeks ago he was told that his redundancy date would be 1st feb which is fine but he has had no contact from his HR since and no letter confirming this date can this be right he hasn't worked for the company for two years so we know he won't get any redundancy payout but surely they must have to put in writing their intentions if anyone can help.

The_Pedant

I believe that it may be given verbally, however most people would always put it in writing as it is harder to dispute.

LittleVoice

Have a look at his written particulars of employment. They should cover the giving of notice.

getmore4less

this is worth a read allthough some has been superceded.

http://www.legislation.gov.uk/ukpga/1996/18/contents

In most cases he can ask and they have to give it in writing within 14 days.

http://www.legislation.gov.uk/ukpga/1996/18/section/92

ceridwen

Might as well get the employer to do this all properly and legally - ie in writing. It would only be playing for time - as they clearly intend to do it anyway - but even a couple of weeks extra in the job would give your husband a little bit extra time to try and get another job in before the axe falls.

jazzyman01

Has he been paid for notice and any outstanding holiday entitlement?

123benji123

Hi ndowmey

If a method for deciding redundancies has been agreed with a trade union, your employer should follow it. Otherwise, there are some common approaches your employer could use and combine when selecting employees for redundancy.

In some cases there may be no need for your employer to follow a selection process because the group of employees to be made redundant will be clear. For example, if your employer is closing down a particular operation in a company and will have to make all the employees working there redundant.

One method your employer could use is to consider which group or section of the workforce the redundancies will be selected from. This is called the ‘selection pool’.

After identifying the selection pool, the employer should apply selection criteria to it, to narrow down the employees. Your employer should, as far as possible, use objective selection criteria that can be applied equally and fairly across the workforce. Examples of selection criteria could be:

• disciplinary records
• experience
• capability
• relevant skills and competence

Your employer cannot select people for redundancy based on the following grounds:

• gender
• marital status
• sexual orientation
• race
• disability
• religion or belief
• age
• trade union membership
• health and safety activities
• working pattern (eg part-time or fixed-term employees)

If your employer does select you for redundancy based on one of these grounds, then your redundancy becomes an automatic unfair dismissal.

Your employer can look at all employees’ length of service with the company, and select those with the shortest service (the last ones to join). This can sometimes be indirect discrimination on the grounds of age if it affects one age group more than another, unless your employer can objectively justify it.

If you feel that your employer has selected you unfairly you should appeal against the decision. Put your appeal in writing, explaining what you want the employer to do to put the situation right. The way in which you were selected will affect whether your redundancy is considered fair by an Employment Tribunal.

Redundancy is a form of dismissal. If the reason you are selected for redundancy is unfair then you will have been unfairly dismissed.

I don’t know if any of this helps. Please let me know how you get on.

Thanks