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Original poster

Please answer this question, just found out my DH has been laid off

19 replies

loopylou6 · 01/07/2008 16:06

He has been with this company 2 weeks short of a year. He ahs been given 2 weeks notice. Doe he have any rights to a pay off or anything similar? I am fuming.

OP posts:
hopefully · 01/07/2008 16:58

If you re-post on the employment issues board, one of the knowledgeable bods there will be able to tell you

savoycabbage · 01/07/2008 17:01

I don't think he will be. Sorry.

Original poster
loopylou6 · 01/07/2008 17:12

Noooo really SC? omg, i dont believe this will post on employment aswell.

OP posts:
LadyMuck · 01/07/2008 17:17

Statutory redundancy pay is only payable after 2 years of continuous employment.

He could consider whether his dismissal was fair or whether he has sufferred discrimination, but if this isn't the case then he is just entitled to notice and any untaken holiday pay.

hatwoman · 01/07/2008 17:31

sounds to me like he should also check that he has genuinely been made redundant - ie that they are complying with the regulations about not replacing him

HappyMummyOfOne · 01/07/2008 19:09

He hasnt been with the company long enough for any payout. Employess with less than 12 months service have very little rights.

forevercleaning · 01/07/2008 19:12

I am not much help i'm afraid, but sorry to hear of your situation. Hope that he find something else very soon

beaniesteve · 01/07/2008 19:17

Trying to work this out. My sister made a 'mistake' when getting rid of someone in work. She didn't give them the notice they were entitled to (4 weeks) and mistaken believed she scould give them notice 2 weeks or a week before their contract was up. the woman involved successfully brought an industrial tribunal because the notice period actually took her over a year. Am not sure but I think she was unfairly dismissed.

what is his notice period (does he have a contract) ?

Original poster
loopylou6 · 01/07/2008 19:31

Hiya everyone, thanks for your replys. He doesnt have a contract as such, he is a gasfitter and the company have 2 sections, 1 being small works IE domestic houses and the other being large works IE building sites etc, DH was working on the small works and theya re now saying that there isnt enough work to keep him on although they have just employed another bloke because they have a big job coming off in manchester and said bloke lives in manchester where as we live in chester. BS that is interesting, i wonder if there is a set amount of time to give notice, like a month or something?

OP posts:
Original poster
loopylou6 · 01/07/2008 19:41

Also, is he entitled to his 'week in hand ' pay when he leaves?

OP posts:
LadyMuck · 01/07/2008 21:44

He should get his week in hand, yes.

lilolilmanchester · 01/07/2008 21:51

Not qualified to answer your question but just wanted to say sorry to hear your news loopylou6. I still remember the panic we went through when my DH was made redundant. He was lucky and not out of work for long but we didn't know that at the time. Keep strong.

Original poster
loopylou6 · 01/07/2008 23:11

Thank you LL, TBH it seems someone is out to get us at the moment, everything is just going wrong, i even landed myself on antidepressants last week, i feel like im losing the plot, its one thing after another

OP posts:
lilolilmanchester · 04/07/2008 14:57

sorry to hear that loopylou6, I hope we can help support you through this difficult time.

Teuch · 04/07/2008 15:05

As far as I am aware, 2 years is the minimum period as mentioned above, and you can be dismissed at any point until then.

The length of notice will depend on company policy, and would be in his contract or working conditions.

I don't knoe the geography of the area, but if your DH was willing to undertake the work in Manchester, and it would not cost the company more for him to do it (rather than the new lad), then he could ask for a written explanation of the grounds of redundancy. It might get them thinking about unfair dismissal, at least, even if there are no grounds at this stage.

nannyL · 04/07/2008 18:41

Nope

in my old job i was there for 1 year and 51.5 weeks.... 3 more days and id have been entitled to redundancy.... but it was less than 2 years so NOTHING at all

(left as the yuongest was starting full time school!)

Ivegotaheadache · 05/07/2008 23:01

If he's worked there for less than 1 year there isn't a lot he can do about it, tbh. Unless he has been dismissed for discrimination like sexual or racial ect. After 1 year he could take them to a tribunal for unfair dismissal, but before 1 year he can't.

If he has a contract his notice period should be written in it, and the notice period can make up the time up to a year iyswim. So if he worked for 11 months and 3 weeks and was sacked, but his notice period is 2 weeks that would take him over 1 year and he could take to tribunal.

I don't think he has much of a case tbh, if he had worked for over a year he could have argues that he could travel to the job in manchester.

But even if he doesn't have a written contract (though employers are obliged to provide one) it doesn't mean that there is no contract. I think it's just 1 week notice in this case, so it wouldn't take you past the year, I'm afraid.

callmeovercautious · 05/07/2008 23:07

I need to ask if he has been laid off or made redundant. In Law they are 2 seperate things.

Laid off can mean they keep you on the books but don't pay you for a while. Redundant is final bye bye.

Under a years service he had no real employment rights unless he has been discriminated against.

I will look at your post on Employment.

Original poster
loopylou6 · 07/07/2008 19:36

Hi CMOC. I think he must of been made redundant then as there has been no talk of him being taken back on.

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