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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

to think DH should get what he is entitled to..

16 replies

bubblewrapped · 08/02/2011 13:25

sorry, not sure if this is the correct place, but husband has to give employers an answer to this ASAP and I am hoping someone here has employment law experience and can help. Sorry its a bit long, and if it should be in another section I can hopefully get it moved, but I really need a quick answer as explained below.

Brief outline. DH has been signed off with work related stress since last May. Small company with 3 directors and lots of office politics, and (knowing he had a nervous breakdown 4 years ago) the company was on the verge of going under, and they were making it clear they wanted to force my husband who was/is the shop manager to leave. In the space of a month he was given 4 verbal warning for different things, all of them were untrue, but with no witnesses to prove otherwise very difficult to contest. Basically it was mind games. Our GP was very concerned and signed him off.

We have spent the last 10 months with him at home, very stressed, and almost agrophobic. It has not been a great time as you can imagine.

We saw a specialist solicitor last year who said he had a strong case for constructive dismissal, but at the time my husband didnt feel able to cope with a legal case and hoped that they would just make him redundant so he could get what he was entitled to after working there for 8 years.

He offered to take voluntary redundancy which they had offered verbally, but they refused to communicate with our solicitor (citing data protection act), and we didnt pursue that further at the time.

My husband went into his workplace two weeks ago to say he felt ready to return, but was told by one of the directors that they would need to have a meeting to discuss this, and he should get another sick note.

It has now come to a head as the GP feels the situation is not helping my husbands progress and sitting at home was now making him feel worse, and she signed him as fit to return.

He again went to his place of work, last week to inform them, and said he was fit to return today (Tuesday).

He received a letter last week saying he had to attend a meeting with the directors and company solicitor yesterday. He went, and was in there for ten minutes. They told him they wanted to make him an offer of compensation to pay him off to leave.

Now for starters, I believe that as he is now fit for work , from today he should be back on full pay, and this is what is classed as "garden leave" as he was willing to return, and they told him not to.

They rang just now and offered him £2500.

He is on a salary of £28500, has been there for 8 years, and gets 28 days holiday a year. He had only taken 2 days holiday last year (Jan - Dec holiday rota) before he went sick, and I know he continues to accrue holiday pay while sick, as well as not losing previous years holiday if he is off sick.

We are sure he is entitled to more than £2500 and they want a call back this afternoon. Hmm

He is now almost back at square one with his stress and sitting here shaking, so I would really really appreciate anyone who can give me a rough idea of what the minimum is he should be given.

OP posts:
ashamedandconfused · 08/02/2011 13:29

dont accept - am not a legal eagle but it sounds like they are trying to pull a fast one

have you tried CAB? they might be able to help

just say that you are within your rights to a) have the offer made in writing, b) take your time to consider the offer before making a decision

LittleHarrysMum · 08/02/2011 13:31

According to this www.direct.gov.uk/redundancy.dsb

hes entitled to about £3200 redundancy pay.

If I were him I would ask for this, but as he's been off sick maybe £3k??

HTH

ZillionChocolate · 08/02/2011 13:31

Say you're going to take some legal advice and will give them an answer within, say, 7 days. Go back and see the solicitor. Also worth checking your car/home insurance to see if that allows you to access any free legal advice. AIBU is not the right place for this.

I'd also ask them to put them offer in writing so it's clear what's on offer.

bubblewrapped · 08/02/2011 13:32

CAB is next on our list of to-do's. Really cant afford solicitor again. It cost £300 last time. Possible it would be covered on house insurance for legal fees, but he is so stressed he feels he cant risk it. :(

OP posts:
bubbleymummy · 08/02/2011 13:32

Yes, ask for all communication in writing. Email them to ask as well so there is a record of your request and they can't try to say that you just didn't get back to them on time.

LittleHarrysMum · 08/02/2011 13:32

And yes they should have given it to you in writing. It is a legal document called a 'Compromise Agreement' and you should be given ample time to consider not a couple of hours after a phone call.

bubbleymummy · 08/02/2011 13:33

He should also be entitled to all his holiday pay while he was off sick.

bubblewrapped · 08/02/2011 13:34

They arent actually making him redundant though. Or so they say. Which is what confuses me too.

As well as the redundancy pay would his holiday pay be on top of that?

It so frustrating as I have been a payroll manager for years, but having been out of it for 3 years I dont know how much of the law has changed.

OP posts:
QuestionNumber · 08/02/2011 13:34

£2500 sounds like nothing. I wouldn't accept.

If your DH has to go to any more meetings with the company solicitor, could he take his own solicitor along as well? It sounds like if he is not feeling strong he really needs an advocate to speak up on his behalf.

Is the company allowed to refuse to communicate with his solicitor or is there some other approach his solicitor can make?

What would be involved in a constructive dismissal case - would your DH have to do a lot, or would the solicitor do most of it?

marmy55 · 08/02/2011 13:36

ACAS are very good

bubbleymummy · 08/02/2011 13:37

He is entitled to that holiday pay so that should be separate from any redundancy payment/compromise agreement they are offering.

bubblewrapped · 08/02/2011 13:40

FOrgot about ACAS, thanks, will try them too.

Thanks everyone who is helping. Much appreciated. Husband says thanks too. :)

OP posts:
potplant · 08/02/2011 13:41

Presumably they can't make him redundant as they are going to replace him.

I had a compromise agreement when I was made redundant and the company had to pay for my legal advice. Not sure if that's the same for you.

Oh and I would send all correspondence in writing by recorded delivery so you know they have them.

philmassive · 08/02/2011 13:47

You need flowerybeanbag on the 'employment' thread. She is fab.

fedupwithdeployment · 08/02/2011 13:51

If it is a compromise agreement that is being proposed, the company will have to pay for independent legal advice (perhaps to value of £500). It doesn't sound like this is actually on the table though.

He should also get all his holiday pay which accrued while he was off sick.

If he is on garden leave, presumably they have given him notice?? what is his notice period? I would guess 8/9 weeks as he has been there 8 years. He will need to be paid in full for this time.

bubblewrapped · 08/02/2011 13:55

They havent given him anything in writing at all yet. Just told him not to come in today.

We know they are going to be arsey. They have a long history of it with previous employees and they hate me because they know I wont let them take the piss and fob him off knowing his mental state.

He was allowed to take a witness yesterday, and took a family friend, (I didnt dare go as I know I wouldnt have been able to keep my trap shut Blush ).

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