Redundant with no consultations period

SARAHJANE

:(hi my hubby was told on monday that he is being made redundant . He was give 4 wks notice and will get redu pay . There was no consultation he was just told there,s no work for him. We also no that there tendering work and also got contracts that require what he does , but we think they will sub it out . Can they do this .

SarEl

Technically they needed to have consulted - but if it was just a small number of redundancies the consulattaion period can be very short. And a failure to consult, especially if it is a smallish employer, wouldn't be a tribunal award (assuming you won) worth having against the very real possibility of a not quite so great reference for getting another job.

How far would you be willing to push this given those circumstances?

Acc72

Has your husband been with his current employer for less than 12 months ?

SARAHJANE

hubbys been there for nearly 5 years , there was a total of 5 made redundant all doing different jobs.theres a a total of about 25 employed all together (thats if included the ones taking a wage but don,t do any work )and theres sum there whom only been there a couple of months & years . shouldn,t my husband been offered to cut hrs ,or pay ect.

SARAHJANE

how far all the way , im limited to what i can put on here. lol

SarEl

No the employer didn't have to offer a pay cut or cut in hours. A decision on redundancy is based on the job he does, not another one entirely!

If you want to take it all the way - and frankly, I think you are wasting time and effort better spent on finding a new job - then he must appeal his redundancy to the employer, stating that the redundancy was unfair because there was no consultation. And he can say if he would have been willing to consdier cuts in pay or hours - but once he does, if the employer comes back with an offer to reinstate on that basis, he is pretty much in a corner. remember not to spend the redundancy money - if he gets his job back he owes the money back.