question about redundancy and new job - a bit dull but please help if you can!

[friendly]

My dh was made redundant in January. A lawyer friend of ours was sure he had a case for unfair dismissal and he was following this up when he found another job. Apparently you can't pursue a case once you have another job because you haven't lost out, this doesn't seem very fair to me but what do I know?! Anyway, my dh was on 3 months notice and having gone through the stress of suddenly being made redundant out of the blue and trying to find another job he asked his new company if he could have 4 weeks off before starting because although he'd had a month off it wasn't very relaxing. They said fine. ANYWAY, he is due to start at the beginning of April 4 weeks before his 3 months notice is up. He has already rung the old company and asked if they would release him from his contract early and my question is this. Why should he have to have done this? He worked bloody hard for them for over 4 years and was thrown out one morning with statutory redundancy. Am I just being all bitter and twisted towards his old company?(very probably) Are you not allowed to be on the pay roll of two companies at once? I just don't see why his old company should be let off paying him one months salary just because he is blimming good at what he does and secured another job so quickly after being canned.

Hope I've made sense. I just feel really pissed off at how some big companies can get away with dispensing of people so easily.

They should still pay him his notice and the Stat redundancy pay he is due. His case for unfair dismissal will be reduced because he has not lost earnings.

HTH Too tired to go into more but will pop back tomorrow

I'm not supposed to be here but:

See this, the bit about starting new job and counter-notice, if your DH is working his notice they can make him do so and he would have to negotiate early release, which may affect notice pay, but read link to see what he can do. If he was 'thrown out', is not being made to work his notice have they specified that he can't work for someone else during this period? Seems a bit weird and mean if they have. I'm not coming back but callme will be back and have a read of the link anyway.

Unfair dismissal claim pointless if he has a new job as his loss will be nil or minimal so no point spending legal fees to claim nothing.

It is a stressful time, isn't it? My advice would be to draw a line and try and concentrate your energy into preparing for the new job. I do hope it goes well.

Thanks everyone for answering. He had to leave on the day he was made redundant. They didn't specify that he couldn't work for someone else he just assumed he shouldn't. It was me who questioned it. We are very fortunate that he was able to find another job so speedily and within the notice period.

It has been stressful and I understand what you're saying llareggub but sometimes I do feel quite p'd off with being walked over and feel that if he's entitled to his notice period money I'd rather find out now and not later.

Well if they do not know they will still pay without question. Personally I have never stopped, or even looked into stopping the pay of someone made redundant who finds another job earlier. Just sour grapes if they do and I believe he should still be entitled to his notice anyway.

Flowery - why are you not here?

Thank you cmoc. I've just read your profile and see that you're in HR. His company do know he has another job as he rung and told them. He has just assumed they will stop his pay on the date he starts his new job. Might this not be the case then? I can't imagine him ringing them and asking them for it - perhaps I will! I'm joking of course.

here callme, I recommended you!

Flowery.

friendly - just sit and wait. I doubt very much anything will happen. The regs state that if he is ready and willing to work he is entitled to his notice. By sending him on Gardening leave they have effectively said there is no work for him to do. Unless there is a specific clause in his contact stating he can't do paid work elsewhere then he is within his rights to start his new job - as long as they can't offer him work.

Did he get a letter stating the reasons for his redundancy and outlining payments due etc? He should have done. Make sure he has read it and that it states he is not required to work his notice.

As I said before I would be very suprised if they do try and stop his notice pay.