Does DH have a case?

(5 Posts)
biryani Thu 14-Mar-13 06:41:52

Yes it sound a bit dodgy. If the work clearly still exists, grounds for redundancy are spurious. If he is 're-employed on a consultancy basis he will have little or no employment protection, however if he is doing the same work under the same conditions then arguably he would have case for being an employee and not a contractor. Get specialist advice from an employment lawyer or acas.

Good luck.

hermioneweasley Wed 13-Mar-13 20:13:16

The company are entitled to decide they want the work done in another way; however it is very unusual to make someone redundant and then immediately re-employ them doing the same work freelance. I would think there would be big tax liabilities on the redundancy pay and is earnings if it was deemed he was an ongoing employee. I'd suggest speaking to them about extending his notice period or something similar so he is kept on while the work needs doing

Rockchick1984 Wed 13-Mar-13 07:59:37

Ooops, posted too soon! If he is made redundant and you have a mortgage you may get Support For Mortgage Interest to help you with paying the mortgage while he looks for work.

Rockchick1984 Wed 13-Mar-13 07:58:36

Is he in a union? If so they can advise him, or alternatively he can contact ACAS.

If he is made redundant l

PromQueenWithin Tue 12-Mar-13 23:37:07

DH is being made redundant, but his employer are behaving very badly IMO.

Now they've decided that the work he does is still needed, so they were trying to get him to agree to freelance work with no gap following his redundancy. They've extended his at risk period for a week to give themselves time to sort this, but this extension ended on Friday and he's none the wiser today as to whether he is employed this week or not.

Is it legal to make someone redundant if its obvious that the work they do is still required?

We are getting desperate, we may lose our house if he has no income...

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