OH employer has no work but boss keeping them employed?

masonsmum

My OH is a joiner/carpenter and works for a small firm who now only employ 3 workmen and 2 directors, the company has got smaller and smaller due to the downturn in the building trade and now they have no contracts.

Last week he only worked 2 days and his boss phoned on Sunday night to say he had to go out Monday morning again but they have been told they might have to go on short time again, can they do this?

He feels they are trying to "push them out" without paying them redundancy as all 3 employees have worked with the company for over 10 years and he doesnt want to walk away without redundancy but we need a steady wage coming in?

Can anyone offer any advice, thanks in advance?

Who?_me?

I suspect that what is actually happening is that the boss wants to keep him on, so that when work arises, he is already on the books and he doesn't have to go through recruitment and things all over again. That the work can just start up again, when trade picks up. This does not mean that your OH can't claim JSA, because although he has a job, he isn't working. This is like the zero hours contract that others have been talking about on here. You are employed, because it would cost more to make you redundant and then take you back again. If he has worked with this company for 10 yrs plus, and they are low on business, I am sure that they aren't going to want to lose your OH in times where things are low.
Unfortunatly, this is the way things are for many people, and although it doesn't help you with a steady wage coming in, it is better than being made redundant. You never know, it may snow and lots of chippies will be required suddenly and he will be in the right place at the right time.
Hang on in there, we all are, and get your OH to talk to hus boss, as I am sure after 10 yrs they are going to be on good enough terms to talk about this.
Good luck with it all.

liney

An employer is not entitled to put you on short time, or lay off indefinately, and technically not at all unless it is a specific clause in your contact. Of course you may decide to accept short time instead of redundancy for a time depending on how likely you feel that business will pick up.

Here is the information you need in the form of a fact sheet.http://www.gmemploymentrights.org.uk/index.php/en/factsheets/lay-off-and-short-breaks

Judith_W

Check his contract. He can refuse short time and then they are forced to pay him redundancy, unless there is a clause in his contract or he is on zero hours.