Role being made redundant

twinklestarmoonshine

HI

My boyfriend has been told that his role is being made redundant. He has a contract which states that the company need to give him 13 weeks notice (as he would need to give the company if he was to find a new job). Does this mean that they have to still give him 13 weeks with regards to redundancy?

We are fighting the redundancy as we believe that it is false, and only happening due to him being disliked by the MD.. it's a large company but he is quite close to the top level management.

The role he is being made redundant from, was one that he was promoted to about 6 months ago, but when he was due to start doing the role, his manager decided that they were going to second him to do something else (that he had no training in) The seconded role has now come to an end and the business are saying there is no job for him to go to as it is redundant. However, no one has ever been in this role (as it was new when he was promoted to it) so unsure how they can now say that the role is no longer needed when the things he would have been managing is still being used within the business.

Does anyone have any advice? He has a consultation tomorrow and we want him to be as prepared as possible.

Thanks in advance

getmore4less

using the argument that no one had been doing the job just supports the redundancy case.

the just say it turns out we don't need someone doing the job after all.

redundancy is based on years service not notice period.

Tancred

twinklestarmoonshine wrote: »

HI

My boyfriend has been told that his role is being made redundant. He has a contract which states that the company need to give him 13 weeks notice (as he would need to give the company if he was to find a new job). Does this mean that they have to still give him 13 weeks with regards to redundancy?

We are fighting the redundancy as we believe that it is false, and only happening due to him being disliked by the MD.. it's a large company but he is quite close to the top level management.

The role he is being made redundant from, was one that he was promoted to about 6 months ago, but when he was due to start doing the role, his manager decided that they were going to second him to do something else (that he had no training in) The seconded role has now come to an end and the business are saying there is no job for him to go to as it is redundant. However, no one has ever been in this role (as it was new when he was promoted to it) so unsure how they can now say that the role is no longer needed when the things he would have been managing is still being used within the business.

Does anyone have any advice? He has a consultation tomorrow and we want him to be as prepared as possible.

Thanks in advance

Hmmm. This shows a lack of commitment and effort by the employer to find your boyfriend a job. Or of course it could be a case of 'constructive dismissal'. Your boyfriend should consult the union if he is a member, or else talk to a lawyer.

zzzLazyDaisy

How long has he worked for this employer?
Is it the job he was seconded to that will cease to exist, or the one he was seconded from (or both)?
Is he the only person holding the redundant post(s) or are there more than one employee working at that position?
Has he has any formal meetings with / letters from the employer about the proposed redundancy (being 'told' is not enough if it is a casual conversation at the photocopier)?

'Notice' and 'Redundancy payment' are two separate things. He can be given 13 weeks' notice and required to work it, or he can be put on 'garden leave' where he remains an employee but stays at home for the notice period, or he can be finished immediately (once the formalities are completed) and given a payment in lieu of notice. Redundancy payment is a statutory requirement, which is paid to the employee on the termination of the contract.

This situation could never be a 'constructive dismissal' because that is where the employee resigns and claims s/he was left with no choice due to the employer's actions (never a good move as most CD claims fail). But if the employer makes an employee redundant, the employer is actually terminating the employment. If the employer gets it wrong, then the claim would be unfair dismissal.

Daisy