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Original poster

please help urgently my dh got made redundant last night

10 replies

bambam30 · 03/02/2008 07:44

please can anyone advise my husband is [was] a mamanger in an italian restaurant and last night as he was leaving the owner said he had got some bad news and that he could no longer afford to keep him and that he was giving him 2 weeks money and that he was now redundant. can he do this ? my hubby gets paid monthly and has worked for this company for 20 months and this has com elike a bolt from the blue with no warning we relocated here to take this job and this family used to eat at our house etc so it really has hurt but really we just wanna know where we stand legally cos he not even allowed to go back and my husband did ask if he was being sacked and told definately no redundant cannot afford you and goodbye somebody please help

OP posts:
countryhousehotel · 03/02/2008 07:49

hi sorry to hear that. Don't know much about the catering / hospitality industry so hope someone who has experience will come on soon. But does he have a contract of employment? What were the terms? did they agree notice period when he started??? Off to do dd's breakfast now, hoep someone can help more.

Eve34 · 03/02/2008 07:50

As far as I am aware you have to work for a company for 4 years plus before you are entitled to redundancy. Then it is a weeks notice/pay for each year. or a week and half depending on age. So not looking good I don't think. I hope someone else will be along with more advice soon.

So sorry to hear your bad news it must be really difficult to get your head around it.

Freckle · 03/02/2008 07:54

Actually it is two years' service to qualify for redundancy pay, which isn't much use as your dh has only worked there for 20 months.

Who is going to manage the restaurant? If they employ someone else, then he hasn't been made redundant - he has been unfairly dismissed.

As far as notice is concerned, if there is no actual written contract with the terms set out clearly, it is usual for notice to be equal to the payment period, i.e. in your dh's case, 4 weeks.

Freckle · 03/02/2008 07:55

Oh and I should add that there are procedures to follow when making people redundant and it does not look as though your dh's employer has followed them. Go to CAB on Monday and check out what should have happened.

Original poster
bambam30 · 03/02/2008 08:00

thanx we did think tbh we were'nt entitled to any money and as shitty as that is it was more to find out if he should have given some kind of written warning i just can't beleive that yesterday morning they were chatting to us about the kids etc and to my dh about valentines night and then wham -this

OP posts:
nannyL · 03/02/2008 10:28

yes, im pretty sure he CAN

2 weeks notice / pay is the minium amount until you have been there 3 years, when it beocmes 3 weeks, then a week for every year up until 12 years when you are entitled to 12 weeks notice (but are never legally entitled to more than 12 weeks notice)

as hard as it is think yourselves lucky that he doesnt hve to work these 2 weeks and as stll been paid. He could have been made to work these 2 weeks as well

nannyL · 03/02/2008 10:31

oh yes they cant legally get anyone else to do his job or a similar job for 3 months... (that is unfiar dismissal)

BUT assuming his boss genuinely cant afford him, and doesnt replace him he can legally get rid of him with just 2 weeks notice.... he cant replace him with a new member of staff though

and yes redundancy pay starts after 2 years, no not entitiled to redundancy pay

MrsTittleMouse · 03/02/2008 14:35

I'm so sorry to hear that they treated your husband that way.
The other thing that you should be thinking about is getting benefits as soon as possible. You can go to the website www.entitledto.com and it will let you know all the stuff that you are entitled to claim. I'm sure you know this, but your husband should be contacting the job centre first thing on Monday, as they don't backdate a lot of benefits.

Original poster
bambam30 · 03/02/2008 15:07

hi all of you just a bit of an update thanx all of you for your help and mrstittlemouse we are straight off to jobcentre monday morning -we can kind of see the guy's point of view but feel incredibly hurt that he has given no warning and we live in a small village and this is also where the restaurant is so it is just awkward ifyswim and that these are people we considered to be friends you just never know what is gonna happen in life do you oh well at least we will get evenings back and my dh looked at me cooking dinner earlier with all the kids toys strewn everywhere and them running round like loonies [the 2 and 8] and said he can take what he likes but i am still the richest man on earth cos i got you three very lovely to say and mean i just hope we can hold that thought in the weeks to come

OP posts:
kama · 03/02/2008 18:06

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