Redundancy but job still needed.Help please

starstella

Hi.This isa bit complicated but I will try to put it in order.

My husband has a part time jobas a cleaner.He has done thisjob for 5 Years.He received a letter outof the blue, dated 22/03/2011 ,from the cleaning contracter saying they no longer had the contract and he would be employed by the owners of the building where he works.This all happened very quckly and he started working for the owners on 31/03/2011.His previous boss phoned to make an appointment with my huband and the new employer for the next day but he couln't make it.The next thing we heard was a letter dated 30/03/2011 from the new employer saying my husband's job was under threat of redundancy.There would be a period of consultation from 1stApril-29thApril 2011.No one has contacted my husband.He then received his redundancy calculation dated 4thAprill2011.and hisfinish date for 29thApril.

As this job is paid for by the tenants, in their rent,(its a housing assoc) this job is still required.No one has asked my husband if he still wants the job.Today 2 of the tenants have told myhusband a man has been round introducing himself as the new cleaner. iIs this legal?If it is wrong what steps can we take.

Also his redundancy was calcuated at nearly half hiis take home pay.He works the same hours every week and hasn't had a pay rise in 5 years.Is there any other calculation theycould have used for this?
Any help would be gratefully received.Thankyou.

jazzyman01

You husband needs to write to the new Company owner and advise that he has had no consultation regarding his role as cleaner being made redundant although he has been advise it will be effective on 29 April. He could add that there was no discussion about being TUPE'd across from his previous employers either.
He should state that he works xx hours and understands that the job will be required in the future. He should also state that he is aware someone else has been at his normal place of work advising that he is the new cleaner. He therefore considers that his post is not redundant.

With regard to pay. He should receive at least the minimum wage for the hours that he works. Any redundancy pay is calculated on actual earnings capped at £400. So if your husband earned £200 per week and has completed 5 years service, he should get 1 x £200 for each year. If he is over 41 then it is a different calculation as it is 1.5 x each completed year over the age of 41 so £300. Therefore as long as he was not under 21 when he joined the minimum payment on the above pay would be £1000 and the max would be £1500. On top of that they must give him a minimum of 5 weeks notice. Although he can be required to work this.

starstella

jazzyman01 wrote: »

You husband needs to write to the new Company owner and advise that he has had no consultation regarding his role as cleaner being made redundant although he has been advise it will be effective on 29 April. He could add that there was no discussion about being TUPE'd across from his previous employers either.
He should state that he works xx hours and understands that the job will be required in the future. He should also state that he is aware someone else has been at his normal place of work advising that he is the new cleaner. He therefore considers that his post is not redundant.

With regard to pay. He should receive at least the minimum wage for the hours that he works. Any redundancy pay is calculated on actual earnings capped at £400. So if your husband earned £200 per week and has completed 5 years service, he should get 1 x £200 for each year. If he is over 41 then it is a different calculation as it is 1.5 x each completed year over the age of 41 so £300. Therefore as long as he was not under 21 when he joined the minimum payment on the above pay would be £1000 and the max would be £1500. On top of that they must give him a minimum of 5 weeks notice. Although he can be required to work this.

Thanks for the information.My husband is 64 and earned approx £60 a week.He hasn't been given weeks notice either.Thankyou for your helpful answer:)