Or have we just been shafted out of 20k. Employment Law related?

[Anonforobvreasons]

Wondering If anyone could tell me if I aibu.

Husband works for major financial company. Has had the year from hell with a very difficult boss. Lost 12k in weight in a few months from being unable to eat, wasn’t sleeping, was really in quite a pit of dispair about work. Didn’t speak up because he’s incredibly dutiful to a point and refused to ‘rock the boat’ as he sees that as unprofessional. So work remain unaware of that aspect. He was going in and doing his job , and then falling apart at home.

It obviously impacted on us all as a family but the main thing was we needed to get him out of the job because he felt there was no other way he could live day to day like this. He didn’t see any option to continue because he’s simply not the type to complain or voice discontent in the workplace.

good news is that he found a new position at another company, accepted the job and handed in notice to current manager. When he did this, she was uncharacteristically lovely, telling him he’s been underpaid and over stressed for some time and she appreciates all he has done for the team.

two weeks later, he’s found out that the entire team is to be made redundant. Now in a corp that size, I imagine this means that when she took his notice, she KNEW that he was about to made redundant anyway, and chose not to tell him. Meaning his circumstances would have always been leaving the job…. It’s just that now they don’t have to pay out 20k in redundancy.

Originaly I assumed it was just really awful luck. But a quick google suggests that she may have been obliged to inform him rather than accept his notice that day. I’m not legally well versed so am unsure if this is the case. But google and ChatGPT suggest that if she knew of information that would have made him choose NOT to give notice, she was obliged to disclose it.

does anyone better versed than me know whether this is something we shouldn’t just accept as hard luck?

I think that because of how awful his mental health was because of her, I feel more aggrieved about the fact she ma have screwed him over at the end too.

I think you have to accept it sorry. He handed his notice in, thus wavering any right to such payments

Call ACAS.

You don't know he would have been made redundant he might have been moved to a different role. But I agree with check with a union or a lawyer, probably nothing you can do and it's really good he's got another job.

He resigned before the redundancies were announced, even if it was only a matter of weeks.
It’s horribly bad timing, but they’ve done nothing wrong.

No they wouldn’t have been obliged to inform him.

You're not any worse off though. You wanted to give notice, and did. He has a new job.

The financial settlement offered to others after he left is neither here nor there.

Can you share the source which you think supports his 'case'? Doesn't sound correct to me I'm afraid. It's actually quite tightly controlled re what you can reveal about possible redundancies before official announcement so she might not have been able to mention it even if she'd wanted to.

She may have known but even if a department goes there is a process to follow and some employees may be retained in different roles. So it is not as simple as he would have received a 20k payout had she tipped him off.

Yes although I feel a bit silly sharing it since it’s ChatGPT! I obviously understand that this is not a secure or official source of employment law information. 😂jus to add also, a friend who works quite high up in HR in another field has said he should go in and retract his resignation, and fight them on it. But again; I can’t help but think we would have no leg to stand on and should just accept it’s hard luck, and be glad he’s out of there as that’s what’s important. Following text is what ChatGPT provided

Key Point: You may still have redundancy rights — depending on timing
In UK law, an employer cannot avoid paying redundancy by withholding information if, at the time you resigned, a redundancy situation already existed and:
1️⃣ Your job actually would have been redundant, and
2️⃣ Your employer knew redundancies were going to happen before you resigned.
However, what matters legally is whether you actually resigned, and whether that resignation was clear and voluntary.
📌 Key question: Did your resignation take effect before you were “at risk”?
If you gave notice before they formally placed staff "at risk" or announced the redundancy process, your employer will generally say:
You voluntarily resigned
Therefore you are not entitled to redundancy pay
BUT there is an important exception:
⚠️ Exception: If your resignation was because of something your employer withheld (e.g., you would have been made redundant anyway)
Case law shows that if:
A redundancy process was already decided or nearly decided,
Your employer knew you would be affected,
They accepted your resignation instead of offering redundancy,
…then you may have grounds to challenge it as unfair or to claim statutory redundancy pay.
This can fall under:
🔹 Constructive dismissal
IF your employer withheld material information which would have changed your decision to resign.
🔹 Unfair dismissal
If the employer used your resignation to avoid their redundancy obligations.
📝 What matters most in your situation
Ask yourself:
✔️ Had management already decided your team would be made redundant before you resigned?
If yes, that strengthens your position.
✔️ Did they deliberately withhold that information?
Employers don’t have to announce redundancy early, but they cannot use secrecy maliciously to avoid redundancy pay.
✔️ Was your role definitely one of the ones made redundant?
If your post disappears, you have a stronger claim.
💬 What you can do right now

1. Raise it formally with HR

Ask for a written explanation: When was the decision to make your team redundant taken? Why were you not informed before you resigned?

1. Contact ACAS early conciliation

Required before making a claim to an employment tribunal. They can tell you free of charge whether your facts support a claim.

1. Consider whether to claim:

Statutory redundancy pay Notice pay (if they would have given you notice instead) Unfair dismissal / constructive dismissal 📌 Bottom line You might have a claim if the redundancy decision was made before you resigned and the employer withheld that information, especially if your role was going to be eliminated. Tribunals look at when the employer decided, not when they announced it. If you want, tell me: The date you resigned When you found out about the redundancies Whether anyone else in your team got redundancy pay … and I’ll help you assess your position

I think he should ask, as he just may get it.

ACAS can give you accurate free advice.

Do they have a redundancy date? One thing to bear in mind is they may not be let go for another 6 months- in which case the new job offer might have expired anyway and he wouldn't have wanted to wait around.

Why are you asking Chat GPT and Mumsnet? Go to ACAS!

I would consider that if your husband is that stressed and upset, then it might not be great to pursue anyway. I've had a similar situation (up to the resignation/redundancy I mean) and I've been signed off and am medicated. Just complete and utter breakdown tbh. I'm not sure if this was me I'd have the strength to fight.

That chat gpt advice is a lot of mince.

if your friend was high up in HR they would also surely tell you that there’s no obligation on an employer to let you retract a resignation. What exactly would he be “fighting them over”? He unequivocally and unilaterally served notice to terminate his employment. That’s what resignation is.

He hasn’t got a leg to stand on, galling as it is.

Wherever is the case do not start a claim using lawyers for £20 k. It is not worth it. They will be the only ones getting money as those things take forever and is £££

Sorry, but as a HR consultant, he doesn't have a leg to stand on. There was no obligation to inform him of the redundancy situation at the time he handed in his resignation - that's a lot of nonsense from ChatGPT.

Even if he attempted to retract his resignation, his employer aren't obliged to allow him to do so.

Thank you everyone who got back to me. Particularly if you were kind about it. Perhaps our initial reaction was right and we just have to accept it. It sounds as though ChatGPT was maybe a load of nonsense on this occasion. I do appreciate it’s not an ideal source!

No, we never would have. Thank you for replying xx

Ah I see! Thanks for this. Good to know we do just need to accept it

Shame he's not in a union. They might have been able to help

Being charitable to ChatGPT, I don't think it gets that until a redundancy process has concluded, no dismissals are decided, let alone who is going. I think the case law it is groping for (does it not show its sources? That is poor) is based on people who resign when the process haa started, or even concluded.

However, as an employment lawyer it's a relief that I am not out of a job yet because, as a PP has put it, the AI competition is mince.

In your case, he already has another job to go to so that alone might very well have meant he wasn't entitled to redundancy even if he hadn't resigned yet.

I can not imagine that a manager is allowed to suggest someone doesn't resign when a redundancy is on the cards but not annouced because in doing that they will essentially be announcing it before of time.