If you are stood down in a job temporarily until work picks up are you still employed?

(7 Posts)
Oodsigma Tue 23-Apr-13 07:58:01

Dh had an email in October asking him not to come in the following day as there was no work and they would be in touch when there was in the Spring.
He didn't hear anything and a month ago I saw his job advertised ( although it was changed to include other duties he had done ). He then contact the boss by email asking for his P45 and had no response. He has since contacted her twice more asking and the last time by phone. She now says he was finished in October and she sent it then.

Should this have been redundancy now/October?
It's not worth much but he did have holidays outstanding and the very short notice dropped us in it financially a bit as he'd cut hours but carried on the previous winter and thats what we thought was happening.

Plus it's really bugging me about the P45, how does he get that?

flowery Tue 23-Apr-13 08:15:36

Depends what kind of contract he was on in the first place really, as well as how long he'd been working there, whether he had regular hours etc

Oodsigma Tue 23-Apr-13 10:50:06

He had no written contract( never appeared).
He'd been there 20 months ( in october/24 months in march) doing 2 days a week (15 hours except for 2 months last winter when it was12). He also did extra in the summer months 1-3 days a week.

flowery Tue 23-Apr-13 11:35:05

OK. Sounds like permanent regular employment then, and sounds like he was unfairly dismissed in October. Unfortunately he can't claim unfair dismissal now as there is a three month time limit for doing so.

He could look at a small claims court claim though as he is also owed money.

Oodsigma Tue 23-Apr-13 17:09:44

Thanks. Shame he didn't know he was dismissed then though!
Will look into small claims court. Dh reckons they were often there for not paying uphmm

LulaPalooza Tue 23-Apr-13 17:14:03

If he didn't actually know he had been dismissed, had no written terms etc then the employment tribunal could use its discretion to hear a claim, but I would talk to an employment lawyer ASAP. It sounds as though your DH was reasonably proactive between October and last month in contacting the company/ find out what was happening etc. There's a 3 month time limit for bringing a claim, so get a move on.

Oodsigma Tue 23-Apr-13 17:54:49

He didn't expect them to want him back before March so wasnt surprised to not hear.
Just need to wind dh up over it now to do something. Have found we don't have to pay for small claims court so could go for his weeks notice/unpaid holidays.

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