To feel like I've jumped out of a plane with no parachute and am hurtling towards concrete

[plim]

Husband got summoned into a meeting room by his wanker boss and hr today to be told that they are 'making organisational changes and that his personality clashes with those changes', he was offered a compromise agreement ie two months pay and legal costs. They took his laptop phone and security pass and he left, no warning, no heads up. It's a times top 100 business, huge corporate and husband feels we take the money even though its not even equivalent to redundancy. We have just bought a house, I am at home with three children and am on maternity leave but have no job to ho back too. We are in our overdraft on all accounts. Husband is downstairs getting bladdered.

I could cry but am too tough for that. But ducking hell their timing stinks. :(

Horrible situation to be in. My husband will be on a much reduced salary as of Jan as he lost one of his part time jobs (still working 3 days a week and looking for something else). Baby no 2 due Jan 9th. Can you go see the bank and talk about restructuring your mortgage? I am not sure if this can be done as never tried it but we may have to do this. Just wanted to say sorry, no real advice but can understand how you are feeling right now. I tend to think when things get this bad they can only get better. Also count your blessings, your three children etc

Get legal advice asap. They will need to offer more than that to avoid a tribunal and they know it. Good luck

You should be pleased, they have totally fucked up. With no official warnings, no redundancy proceedures, in fact admitting his role is not actually redundant they just don't like him then they have royally stuffed up.

Do Not accept two months, with the job market the way it is you can argue a significant unlikelihood of getting re employed anytime soon, maybe even an annual salary as settlement.

Am PMing you the name of a fabulous guy who worked wonders for me. Go get the bastards.

As above - legal route is the answer for you and should reap benefits. Advice and then maybe he talks to the firm or maybe the lawyer does depending on exact circumstances - DO NOT warn them that you may go legal (don't ever show your cards).

There are SO MANY rules and regs about how people may and may not be dismissed these days but firms still try to slide people out with a few quid and a quick shock tactic like this one - don't stand for it - but equally don't freak out and act hastily, take advice.

One more thing - don't jump on DH with the advice to go legal tonight or at breakfast tomorrow - give him a day to gather himself and (maybe) tell you a bit more of the story, take in the whole thing and catch his breath. I have some experience in this area and anything done in haste you may come to regret. The law is (almost certainly) on your side so chill and feel confident.

Yes definitely look at the legal route. This is why we have employment law - to protect people in a situation like this. They either need to make him redundant or have grounds to sack him and they have done neither. Offering him two months salary is a pittance and they are obviously hoping he will accept that and go quietly. He should inform them that he still considers himself employed by them until they offer him full redundancy. Get legal advice ASAP.

MiniMonty is of course right - take a day or two to take stock and gather your strength, THEN go down the legal route. Best wishes.

So they are trying to make him (personally, not his role) redundant but aren't offering to pay him any redundancy?

And this is because of issues with his personality rather than his performance at work?

Is he in a union?

I think everyone else who has posted is right - you need legal advice and very quickly.

Firstly, how long has he worked there? If less than two years than he has not got much of a legal leg to stand on. Up until April 2012 you only needed to work at a company 1 year to get rights, now it is 2 years.

If he has worked at the company 2 years, then he does have legal rights. They can't get rid of him on those terms unless they have gone through all the correct disciplinary and/or performance improvement proceedures: verbal warning, written warning, steps to improve etc.

The only time the 2 year rule does not apply is for being fired for discrimination - sexual, ratial, disability or age. Those rights apply from day 1 of your employment and if the reason a person is got rid of is due to their face not fitting due to their religious beliefs or because they are too old/young etc. That is illegal.

Secondly, a company can make a role redundant without discussion first if less than 20 people are being made redundant. If there were more than 20 people, then a full consultation period needs to take place first. I don't think from your note that more than 20 people are going so this seems to be irrelevant.

Thirdly, does he belong to a union? He can get free legal advice from his union.

Fourthly, good luck. My dh is in a very precarious position too. He works for a massive financial company who are pressuring him to change his contract in order to remove contractual benefits. He doesn't want to sign it. However, in today's economy and he is nearing 50, I am very worried this could happen to him too. He will have worked at his company 2 years on 18 December. I'm telling him not to rock the boat etc. However, he doesn't have it in him. He is a born maverick and it terrifies me.

i'm so sorry. i don't know how this will work out for you but i wish you strength and unity in this crisis.

I agree legal route but also get the full story - big company and bringing in HR to the meeting I would be surprised if that was the sum total of the discussion. It may be what stood out to him. A lawyer is going to need much more detail on what was and was not said. Also does he have paper copies of recent assessments - obviously depending on how long he worked for them.
It's a horrible thing to be happening and sounds like awful awful timing but you will need a clear head to fight this.

The 2 years for unfair dismissal isn't necessarily true. If your DH started working for the company before April 2012, then he can claim unfair dismissal after 1 year of service.

If he started after April 2012, he needs 2 years' service.

Lougle - that is interesting, thanks for that. That makes my husband's position better. He has rocked the boat so much over his contract and gone to HR and threatened a grievance etc and they still won't budge on their expectation of him signing a new (worse) contract. I really fear that he has ruffled too many feathers and muddied too many waters that even if he signs it now, it will be too late. He will be deemed a trouble maker and they will just want to get rid of him.

Now that the law is becoming more in favour of the employer rather than employee, it is too much of a risk to just get another job... that is if he can find one in today's economy. Apart from the fact that he is so much older, he is also competing with people 15 years younger than him. He may be more experienced, but even the younger staff still have 10+ years experience so they aren't that young themselves.

If I were you I'd repost this in Legal. This doesn't sound right at all - unless there is history which your DH hasn't told you about.

I'm with everyone else - get legal advice - company are not acting appropriately and are just trying to get rid of him on the cheap.

There are strict guidelines to follow.

Don't sign anything and get legal advice.

S sorry you have been put in this situation.

Echo what others have said above but would add that if it goes legal and you end up heading down the unfair dismissal / tribunal route then it could be a very long time before you have a resolution. Prepare yourself for this to take a year to resolve and your DH may well be in employment limbo for that time.

It sounds to me like he's done something wrong.

They still haven't followed procedure, but it's not adding up for me. YY get legal advice, but I hope he's being honest about the reasons.

When a company lays someone off, while not following the correct procedure, this is unfair dismissal.

If it is easily proved, and it would be considering what you have said, then the legal firms will be delighted to take on the case.

Call a couple and find out what's what.

I sued a former employer for a clear case of unfair dismissal. I started the procedure in the April and was paid out in the November of the same year. I had a tribunal date but settled with my ex-employers on about their 5th or 6th offer, two weeks ahead of the tribunal.

*meant to say a case of unfair dismissal due to the correct procedures not being followed when I was paid off.

He's in London? Shameless plug so might get flamed by mnhq but worth it if u see it www.barkergillette.com/

I've used their advice and were excellent.

Sounds to me by minimal posted that the firm have seriously f'kd up. Happy days if u can be strong and follow the process. Don't allow him to sign anything without checking it. Also post in legal good luck!!!

It doesn't sound like it's a dismissal (technically). More like they are angling (badly) for a voluntary severance.

Piss poor way to go about it and I'm amazed if this happened exactly as described at a Top 100 UK firm. Usually HR would be involved even for a voluntary arrangement and the boss would be unlikely to be able to make an offer without their involvement.

As others have said, in the current climate your DH would be an absolute idiot to settle for two months. If they want to get rid of him, make sure it costs them. Assuming your DH is on a one month notice period, he's only really getting one extra month. That's pitiful. My firm is renowned for being tight and even they'd offer more than that!

Lastly don't sign nothing until you've consulted with a solicitor. What they have done sounds totally wrong. Make sure you are both covered. Don't be pissing £££ away. You have kids to feed.

I have heard good things about Harper Law I know some people who used her when we were going through a restructuring programme at work.

Good luck - hope you get things sorted.

We took legal advice for bullying in the summer as his boss had done quite a lot of stuff that was completely bad practise like cutting him out of key meetings, social events eta and then gave him a performance review which my dh appealed against as unfair. They used this review to give him objectives to meet which he did and two weeks ago his boss told him that he had successfully completed it and it was closed. Then this happened.

If he is a union member, that, too, might serve as a basis for discrimination...

That's all good background as it lays the groundwork for a lead up to unfair dismissal, if he has paperwork to show he did all that was asked of him.

And it sounds like they are amenable to a comp agreement you just need to push them on how much. It won't necessarily take long, mine was only 2 months.

It a formula, how much a tribunal would cost and he would be likely to be awarded Vs how much it would cost them to pay him to go away. A good solicitor can do that for you fairly simply.