utterly confused about where we stand

elpelp

Hi
In late Feb my husband was notified that his job was at risk as the company he works for had lost a contract for works. On 30th March they were told they would be transferring across to the new company on 25th April once the new contractor had been announced (contract owned by local authority). He received his P45 in early april and received no money since. The 25th came and went and still no word on who had the contract. There have been several rumours since that they will be going back to work for their original employers as the local authority couldn't find another contractor to do the works so have given the work back to them. He is waiting to hear this next week if he is definately going back to work for his previous employer. However, in the meantime last week he started working for someone else as a temporary measure.
One thing he heard last week was that if they do offer his old job back and he doesn't take it then he forfeits any redundancy. Firstly, can they do this? Secondly, my husband is worried that as he's been working for someone else that this will affect his T&C and the company will see this as a break in service and it will affect his continuous service and therefore his pension etc. Does anyone know if this is the case??? Any help or advice will be appreciated

SarEl

I'm sorry - this isn't entirely clear. He recieved his P45? Which means his contract was terminated? For redundancy? There seems to be a "gap" between the information that he was put at risk and then the P45 - what happened in between. Why has not been paid?

anamenottaken

SarEl wrote: »

I'm sorry - this isn't entirely clear. He recieved his P45? Which means his contract was terminated? For redundancy? There seems to be a "gap" between the information that he was put at risk and then the P45 - what happened in between. Why has not been paid?

Agreed it's not clear.

Perhaps the OP's husband had not worked with the previous employer for 2 years and therefore not entitled to redundancy pay.

And if the employer had lost a contract which should have entailed a TUPE transfer of staff, he would not have been redundant??

Receiving "no money since" perhaps is that he had expected TUPE transfer and to be paid by the new contract holder and has not been claiming JSA.

We shall have to wait for the OP to return to clarify.

elpelp

sorry I didn't make it clear.
He has worked in his job for 22 years. The local authority lets out the contract, which expired at the end of march but they had no other contractor in place so since the beginning of April he has not worked for anyone as his employer stated that he no longer worked for them (there are 30 in total affected) - yet when they contacted the local authority they were told they didn't work for them either. Because the company stated they were no longer employed by them they sent him his P45. Yet they never paid any redundancy as they said he wasn't made redundant. It's a total mess and has been really badly handled by both his employer and the local authority.
So as of today he still doesn't know who he works for. An ex colleague who set up on their own years ago has given him some temporary work, but he's worried that as he's been paid by someone else that this will affect his T&C of his employment should he be taken back on by his original employer.
Hope this makes more sense.

anamenottaken

elpelp wrote: »

sorry I didn't make it clear.
He has worked in his job for 22 years. The local authority lets out the contract, which expired at the end of march but they had no other contractor in place so since the beginning of April he has not worked for anyone as his employer stated that he no longer worked for them (there are 30 in total affected) - yet when they contacted the local authority they were told they didn't work for them either. Because the company stated they were no longer employed by them they sent him his P45. Yet they never paid any redundancy as they said he wasn't made redundant. It's a total mess and has been really badly handled by both his employer and the local authority.
So as of today he still doesn't know who he works for. An ex colleague who set up on their own years ago has given him some temporary work, but he's worried that as he's been paid by someone else that this will affect his T&C of his employment should he be taken back on by his original employer.
Hope this makes more sense.

That wouldn't matter. You can work for more than one employer at the same time in any event - and there can be no exclusion from doing so in his employment contract because at the moment he doesn't have one with his previous employer (he received a P45).

getmore4less

I would go back to the employer

for a redundacy claim, 12 weeks notice and 20 years service fo redundacy.

Or reinstatement with continuity of service and paid as if he never left.

elpelp

Thank you for your answers
He has said to me that he will happily go back to his old job - but as we've got a mortgage and 2 small children we couldn't afford for him not to be working.
Hopefully we'll hear something this week

SarEl

elpelp wrote: »

sorry I didn't make it clear.
He has worked in his job for 22 years. The local authority lets out the contract, which expired at the end of march but they had no other contractor in place so since the beginning of April he has not worked for anyone as his employer stated that he no longer worked for them (there are 30 in total affected) - yet when they contacted the local authority they were told they didn't work for them either. Because the company stated they were no longer employed by them they sent him his P45. Yet they never paid any redundancy as they said he wasn't made redundant. It's a total mess and has been really badly handled by both his employer and the local authority.
So as of today he still doesn't know who he works for. An ex colleague who set up on their own years ago has given him some temporary work, but he's worried that as he's been paid by someone else that this will affect his T&C of his employment should he be taken back on by his original employer.
Hope this makes more sense.

No - they didn't work for the local authority, but the employer cannot simply say that they "do not work for them" any longer. It does not work like that!

A P45 is issued on termination of employment - so the employer should have (a) put them at risk (b) consulted for the required period and (c) paid redundancy. He works fot the "contractor" and the cintractor appears, on the basis of what you are saying, to have unfairly dismissed him, in breach of contract, in breach of the laws on redundancy and without paying redudnancy money. And you are going to get them get away with this? Because they will do it again. To you probably.

elpelp

Luckily my husband is a member of a Union and they are taking legal action against the company.
I've never come across anyone being treated like this before. His employer are hiding behind the TUPE regulations, and the local authority are not talking to anyone about it. There are alot of rumours and hearsay - the latest one being that if they don't go back to work for them they WON'T receive any redundancy as they chose not to go back. Alot of them have found alternative employment AFTER receiving their P45 so I can't understand how they can refuse to pay redundancy.
And this isn't a little company - it's a national one!

getmore4less

I can't see how TUPE applies they would have had to terminate the contract due to a TUPE transfer identifying the new employer and date of transfer, does not look like they did that.

WHat did the termination letters say?

I woud think the union have a good case for those that have new jobs and don't want to come back.

jazzyman01

If they are saying that 30 people have lost their jobs then, by law, they must have a minimum period of 30 days consultation. If the Company has just issued P45 in hopes that people go away, they are liable for the payment of 90 days salary to each person for failing to follow correct procedures. This is outside any payment for redundancy.

If they are saying the jobs were transferred, then again there should have been consultation and discussion. Good luck