Need some advice on pay in lieu of notice

eve26

JReacher1 said:

eve26 said:

Yes they are being very sneaky.  They want to reduce headcount so making redundancies then moving others into the vacant roles.  

Just a bit of background into this company.  The factory burnt down 5 years ago; relocated to another temporary site and changed their shift patterns without changing their contacts.  2 years ago my husband suffered a mini stroke.  He went to work and said he feet unwell; told them his symptoms.  They consulted their occupational health who told him to go to hospital.  They let him drive himself there 11 miles away with impaired vision.  This year they moved to their new permanent site and immediately cut travel expenses (we knew that was coming) but also shifts and overtime. My husband is therefore £500 a month down.  So this company doesn’t give a damn about its employees.  

Would it be worth him getting signed off with stress given all this?

Things like this statement slightly irritates  me.  Your husband is a grown man and his employer did not let him drive 11 miles. They told him to go to hospital and as an adult your husband made the decision to drive himself with impaired vision. He could have got a taxi or phoned either yourself or a friend to pick take him to the hospital.  

As to your question you get your notice period as part of redundancy and this can be either PILON or worked. Your husband has been asked to work his so seems perfectly reasonable. I don’t think it’s sneaky. 

Read the post again.  His quote which he agreed the terms of his redundancy on clearly said 3 months PILON. The company SNEAKILY changed it after my husband said he would help them out.  Nothing was mentioned about his quote or terms of the package changing.  ACAS have today confirmed that’s this quote forms his redundancy agreement which the company have broken.  I don’t really care about what your opinion is of him driving to hospital quite frankly.  I was making a point about them being a !!!!!! company to work for.  No decent company would let their employee drive 11 miles after a suspected stroke.

Your post is vitriolic and unhelpful.  If you’ve got nothing useful to add; move along.

JReacher1

I have read the post. Your husband was asked if he would stay on by his manager to train and he said yes. Thus he agreed to work his notice.  The fact you’ve made an assumption that this would mean he would get an extra three months salary before then getting PILON isn’t really there fault. 

Did you tell ACAS that your husband agreed to stay on and train? By agreeing to this he was then issued a new agreement with his new end date. It is annoying but is perfectly legal. 

eve26

JReacher1 said:

I have read the post. Your husband was asked if he would stay on by his manager to train and he said yes. Thus he agreed to work his notice.  The fact you’ve made an assumption that this would mean he would get an extra three months salary before then getting PILON isn’t really there fault. 

Did you tell ACAS that your husband agreed to stay on and train? By agreeing to this he was then issued a new agreement with his new end date. It is annoying but is perfectly legal. 

Nothing was signed; it was a VERBAL agreement.  My husband had to email his acceptance for his quote which included the PILON and redundancy pay and forms the formal agreement.  Not some Micky Mouse letter which they decided to issue after said verbal discussion which he has not signed or agreed to as it changes the official quote which he accepted.  He was also asked to stay on for 2 months and the letter has extended that to 3 without any agreement also.  And yes, he has told ACAS that.

Funny how most others on this thread are in agreement that this is wrong but yet you are being argumentative.

JReacher1

You only have three other posters who have contributed to this thread. 

One has suggested your husband phones in sick for three months, one says it doesn’t sound right and the third seems to agree that they aren’t being sneaky and there isn’t much you can do about it. 

Not 100% sure this can be classed as agreeing with you. 

Anyway this debate doesn’t help anyone and so good luck with your husbands employment tribunal to try and get this overturned. 

sharpe106

The problem is your partner assumed that they were going to extend the notice period when they asked if he would stay. They never suggested that or mentioned it by the sounds off it. So basically legally he agreed to work his notice period basically. I am not sure why he did not ask when he agreed to carry on working. 

eve26

sharpe106 said:

The problem is your partner assumed that they were going to extend the notice period when they asked if he would stay. They never suggested that or mentioned it by the sounds off it. So basically legally he agreed to work his notice period basically. I am not sure why he did not ask when he agreed to carry on working. 

ACAS have confirmed that the quote which my husband had to email to accept, is the legal agreement which the company have broken.  My husband has signed nothing further to agree to working his 3 months notice.

sharpe106

But they have not broken it they asked if he would work and he agreed. Nothing was mentioned about anything else being changed, it was just assumed.

I am still not sure that they can't change their mind on PILON and make a person work the notice. Had a quick google and could not find anything relevant on that.

getmore4less

As long as the verbal was subject to the new terms being acceptable he can refuse the new terms and stick with the old ones. 

In a normal redundancy it can be withdrawn right upto the last day.

VR is not really redundancy it is mutual termination and both sided need to agree changes.