Advice on husbands redundancy

(14 Posts)
SantanaBinLorry Thu 05-Nov-15 10:00:56

My husband was informed yesterday that he will no longer have any work from his current employer from the end of January.
There has been NO mention of redundency. My husband (who works remotely) believes that he is being replaced by a younger, cheaper person.
Does this count as redundency, as the 'job' is still there, just his employer would prefare to pay someone who comands a smaller wage.
Also if it is classed as redundency, how will we work out what he is entitled to baring in mind that husbands hours and rates of pay have flutuated over the years.???
Thanks in advance for any advice.

EBearhug Thu 05-Nov-15 10:11:58

Is he a member of a union? If so, ask them.

Look at the ACAS and CAB websites, as they both have a lot of information on redundancy and your rights. I think there are also some .gov.uk pages on it, too.

Questions to consider are how long has he worked there? (If it's fewer than 2 years, there's probably not a lot he can do.) Is anyone else being made redundant? That can affect things like consultation periods. If it is redundancy, then you can't recruit someone else to that role for a minimum of 6 months. But you need to be sure it is redundancy and not something else (how long he's been there will be key. )

SantanaBinLorry Thu 05-Nov-15 10:27:08

No union. Will look at those sites, thanks.
He has worked for the same employer for 8 years. 6 months of that was on afreelance basis, but he went back on to Paye approx four amd a half years ago (digging out paperwork)
The company has changed names in the last two years. Would that cancel out continuous employment?
No one else being layed off.
We wont be entitled to any benefits due to not living in the uk.

SantanaBinLorry Thu 05-Nov-15 10:28:47

if its NOT redundency, what else would it be classed as?
Almost certain there is a cheaper relacement waiting in the wings sad

EBearhug Thu 05-Nov-15 13:00:29

Is he working in the UK? If he's not working in the UK, then ignore everything I have said - different countries all have different rules on redundancy, even within the EU (I know - my team is spread across about 6 countries), and you need to find out how it's governed in that jurisdiction. For all I know, it may be entirely legal in some countries. If you're somewhere like the USA, they seem to be able to let people go for almost no reason, compared with most of the EU, from what I've seen.

If he is working in the UK, is there a chance someone in HR has forgotten he went permie some years ago, and they're doing a round of no contractor renewals?

If he's working in the UK and has been with the same employer, it should count as continuous employment, even with changed names. If the company was taken over by another, he'd have been covered by TUPE for a year anyway. ACAS and similar sites can explain more about TUPE.

If he's working in the UK and someone will replace him in the same role, it is not redundancy, not legally. Some employers would get round it by restructuring so the job role itself wouldn't exist, and the tasks get split out between other roles.

If he's working in the UK and he's been there more than 2 years, he can't be dismissed without a reason - if it's not redundancy, is there any chance it could be disciplinary? There would be other processes to follow there.

You need to find out more facts about the reasons they're giving for letting him go, so you can work out whether it's okay or not within the country he's working in, and then you can work out what options are open to you. It's possible that local employment rules will mean he has to just suckling it up.

atticusclaw2 Thu 05-Nov-15 13:04:13

where are you based OP

SantanaBinLorry Thu 05-Nov-15 13:09:59

we live in spain. Husband works for a uk company, pay tax and NI there. NI is transferred here.

SantanaBinLorry Thu 05-Nov-15 13:10:54

no HR dept, very small company.

atticusclaw2 Thu 05-Nov-15 13:12:01

have they posted him in spain or is it his choice to live there?

atticusclaw2 Thu 05-Nov-15 13:20:32

EBear Im afraid that isn't correct that an employer can't recruit anyone else into the role for six months.

But OP in all likelihood your husband will not qualify for UK statutory rights. You really need to take proper legal advice from someone who can analyse the situation. I'm an employment lawyer but its not something that can be advised on without seeing documentation.

SantanaBinLorry Thu 05-Nov-15 13:27:59

This company has been in and out of financial trouble for years, hence the changing hours/salary. Thete were talks of company folding and redundancy a few years ago, but funding was found to continue.
His employer has hinted at running out of money and only being able to pay him until January. He hasnt daid company folding completely. Think hes wants to keep it running with minimal/cheaper staff.
Cant think of any disceplinary reasons. Nothing has been mentioned, no warnings etc. Emplyer was more than happy to keep husband on remotely when we relocated to Spain. Infact, husband usually does more than his required hours, and gets paid way under the rate he should be for his role.
There is a chance more funding will come in before January, and employer has said if this happens he will employ husband on a free lance basis, but we are not holding our breath.
This employer has taken full advantage of my husbands skill, dismisses the fact he is Aspergers. I think he is trying to do him over, knowing my husband is unlikely to challenge him.
Not this time, not anymore. Husband wants shot of it all, but wants what he is entitled too.

SantanaBinLorry Thu 05-Nov-15 13:30:03

our choice to live here and to continue to work remotely for uk employer. Small indy developer company. Five staff including boss.

atticusclaw2 Thu 05-Nov-15 13:32:30

It is possible that he can rely on UK employment law but an employment lawyer needs to look at it properly. In all likelihood, since you moved to Spain voluntarily and permanently (and your husband wasn't posted there by the company) the employment won't be found to have sufficient connection to the UK. But this will depend on the documentation and particular circumstances, especially since he worked in the UK and then subsequently moved from the territory.

SantanaBinLorry Thu 05-Nov-15 13:43:52

We cant afford a lawyer sad

Ill get my husband to get confirmation of redundency or being 'let go' If the latter, the reasons for it, then take it from there.

Thanks, I may be back with and for more info after the weekend

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