Redundancy - getting another job & tribunal.

TheLancsLass

Hello

I'm hoping someone may be able to help or advise me with a redundancy query.

My husband was told his company intended to make him redundant in a weeks time (this was back in February), he was told to go home and go back in a week to actually be made redundant. He got advice from the CAB about his rights and rates of redundancy pay etc.

The next week he went to see his company and was made redundant, they gave him a letter offering 6 weeks in lieu of notice, and he told them he also required holiday and statutory redundancy pay. He went in to see his old employers and they offered him a job starting later that week.

His old firm then offered him his old job back, which he refused. They then withdrew any payment and said they wouldn't pay him anything as he'd refused the offer of a job (even though it was after they'd given him the termination letter).

We rang ACAS who advised us to take them to tribunal, which he has started now. They are now agreeing to pay the statutory redundancy payment and holiday pay but not the 6 weeks in lieu of notice as he got another job so soon! They say that he doesn't need to be compensated as he got another job, but it's part of his contract that they either give him notice or pay him in lieu of that, no mention of getting another job within a certain time limit.

Is this allowed? Obviously we don't want the stress and hassle of going to the tribunal hearing if we may end up not getting anything.

Any help would be appreciated. Thanks!

Kirstie

LittleVoice

Had he worked for them for between six and seven years? Is this the reason for the six weeks notice?

That he was fortunate in finding work after being formally dismissed is no reason to withhold payment due in respect of his notice. If they were required to give him six weeks notice and didn't they need to pay for that time in full.

If they had formally given him a letter saying you are redundant immediately rather than in six weeks time then the offer of his old job back afterwards doesn't mean he wasn't dismissed.

That they said it was on the grounds of redundancy could appear flawed to an ET if they, the company, was apparently able to offer to reinstate him. He might be able to claim unfair dismissal - on the grounds that it wasn't redundancy at all.