Advice - 61yr Old Redundant (Voluntarily?) & JSA

JacobStrongUK

Hi - Advice needed.

After what can only be described as an attempted 'constructive dismisal', my father has been made redundant.

The background:

No formal disciplinary process outlined or followed by employer, but repremanded twice in 10 months. The second disciplinary, happened last week following two incidents that my father was able to explain. This however, was not enough for the employer, who insisted that he could dismiss him - although the employer has admitted that my father might "take it further" & this could become "tricky".

As a result, the emplyer was disinclined to actually proceed with dsmissal.

Despite this, the relationship is ruined & neither party will be happy moving forward.

My father asked his employer if it would convenient to agree terms & leave in some way. The descision was that the employer would make him redundant - but there has been no discussion as to the 'package'. Our assumption is that it will be statutory.

Obviously there are a number of issues that we could take the employer to task over, but my father is keen to have a clean break & be rid of the situation. At 61, he is not interested in the cost or the time that it would take to fight the situation.

Afterall, proving 'constructive' dismissal would be very difficult & the expense of this (solicitors etc) just "isn't worth the hassle".

Understandable.

He is happy to be made redundant & start looking for a new job.

So last Tuesday he emptied his van & left. Yesterday (Monday) he received a letter outlining that he had accepted 'voluntary' redundancy. My father disputes this, but most importantly; how does this affect claiming JSA?

He will have to submit proof of redundancy when he attends his interview at the Job Centre. Currently all he has is a letter claiming Voluntary.

He has asked for it to reworded, which the employer says he will do, but the employer is also requesting that he signs the enclosed "I agree" letter.

Clearly, my father is uneasy about saying 'I agree' to voluntary redundancy & signing ANYTHING without having seen the TERMS of this redundancy. We've had no information as to whether it will be Statutary or Company redundancy.

So Questions:

1. Is this technically Voluntary Redundancy - can they agree to normal redundancy?

2. Should this have terms - even if it is only statutory - before signing anything?

3. How does this affect JSL payments?


Any advice would be gratefully received.
Thanks for taking the time to read my post.

Jacob

Errata

It isn't the worker that becomes redundant, it's their job that becomes redundant. Will the job continue in its present form?

anamenottaken

Errata wrote: »

It isn't the worker that becomes redundant, it's their job that becomes redundant. Will the job continue in its present form?

Or - will the employer be taking on a new member of staff?
If they were not planning to take on another employee but to cover the departing employee's role from current staff, that could still count as redundancy.

dandelionclock30

I think your Dad needs to go and see the CAB for advise or an employment solicitor not just rely on this board for answers and go pretty quickish.
Is he in a union?

ohreally

Your father may be entering into the area of a compromise agreement with redundancy sited as the reason for exiting.

A consultation with a solicitor may be prudent before agreeing anything.

patman99

Your dad would need to speak to DWP about his situation. V/R might not entitle him to any JSA, but he might be eligible for PTC instead (my friend transferred across to this from JSA so he no longer needs to look for work.

LittleVoice

patman99 wrote: »

Your dad would need to speak to DWP about his situation. V/R might not entitle him to any JSA, but he might be eligible for PTC instead (my friend transferred across to this from JSA so he no longer needs to look for work.

Whether it is voluntary redundancy or compulsory redundancy makes no difference to entitlement to contribution based JSA.

jackyann

Sorry to hear this.
Assuming National Insurance has been paid properly, the he will be entitled to contribution based JSA (see gov.uk for details)
I agree that he should get advice quickly whilst it is all still fresh - a union would be best; if he isn't in one and can afford it (or has legal advice through insurance or similar) a solicitor.

I know that some people, if they have some funds, prefer not to claim their contribution-based JSA immediately in this situation, as it is time-limited, and they prefer to wait, on the grounds that it may be more necessary a few months down the line (me, I'd claim and save it!)

I hope your dad finds another job. If he has difficulty, or would anyway not need a full-time wage, on the over 55s board there are quite a few ideas for part-time & casual jobs where a life-time's experience is helpful.

McKneff

LittleVoice wrote: »

Whether it is voluntary redundancy or compulsory redundancy makes no difference to entitlement to contribution based JSA.

This is the one..

Let your dad decide what he wants to do. I get the feeling you are pushing him into things that he really doesn't want to do. I may have assumed wrong.

Im 63, I wouldn't want the hassle, as long as I got what I was entitled to, and nothing less, that would be enough for me to want to shake it off and move on.

Hope he finds a new job soon.