Is this redundancy?

fuzzipeg · 13 February 2009 at 4:52PM

Hi, my husband position has just been made redundant. He works for a small company who are struggling to make cash, so we completely understand etc. even if it is scary and some serious economising will now be in order...

However, they've just told him that they are giving him notice rather than making him redundant (notice stipulated contractually of four weeks) but that he doesn't neccessarily have to work it all (he has to do handovers etc.). He's worked there for 21 months, so not quite the two years.

I'm pretty sure that this situation is redundancy, as they are not replacing him, are consolidating positions among those who remain and have admitted they are struggling financially. Does this make any difference to the payout, what he's entitled to benefits-wise, or in the terms he works his last few weeks etc.?

Any help gratefully received as this has come as a bit of a bolt from the blue.

maninthestreet · 13 February 2009 at 5:27PM

Of course it's redundancy. They can't just terminate his employment in the manner they want to do and say it isnt redundancy.

Debt_Free_Chick · 13 February 2009 at 5:42PM

I'm confused

If the company have not confirmed that his position is redundant, then how are they terminating his contract of employment?

What does he have in writing about the termination?

Maxjessdru · 13 February 2009 at 5:42PM

Yes this is redundancy but as he has not been there for two years he is not entitled to any redundancy payment. The four week's notice they are giving him is his contractual notice period under the law. His terms and conditions and pay throughout his notice period should be the same as those he is currently working under. I do think for the sake of clarity, however, that they should state it is redundancy so that when he signs on there will be no problems with his claiming JSA. Hope this helps

fuzzipeg · 13 February 2009 at 5:42PM

That's what I thought - given his length of service though, does that mean he's entitled to anything? I kind of think it's a bit harsh just to be given notice and told to go at the end of it with nothing barring the money he'd have got for working anyway.

He's a bit shell-shocked and reluctant to rock the boat with them, given that they're struggling and all, but I'm running the numbers to see how long we can survive on one salary and am a bit more hard-nosed about it!

fuzzipeg · 13 February 2009 at 5:44PM

Sorry, posts crossed.

The meeting was on Wednesday and he has nothing in writing. I'll push him to get it in writing for future job-centre related fun.

tiddly_widdly · 13 February 2009 at 10:38PM

I know its harsh but they dont have to give any redundancy payment under 2 years. Good luck in findindg another job though.

Is this redundancy?

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