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Original poster

Moved abroad and sacked 4 months later

134 replies

WhatFreshHell71 · 09/10/2019 13:29

So, me, Dh and our dcs have moved abroad to an EU country. Dh had landed a great role with an multinational company.

We were happy at the chance to experience new way of life but it was a big decision for us. And an expensive one so far.

His contract stated six months probation. He had his three month probation meeting last week. No issues. Nothing was flagged. He'd been working really hard - late nights, one weekend etc.

Yesterday, he's been told his services are no longer required because of cost cutting direction from HO. No other reason was given.

He had to leave the building immediately as if he had done something wrong. He was mortified.

Apparently, he is entitled to nothing as it was during his probation period.

We are stunned. The dcs are in enrolled in school and are all happy there. Dd has started her GCSE course this year. Dh's job package was part payment of the school fees.

We've had to sign a three year rental agreement (that's the norm here).

And now we are utterly shafted by this completely out the blue sacking.

Any advice as to what we can do? It just seems totally unethical, not that that will have any weight.

OP posts:
Slappadabass · 09/10/2019 14:52

How shit!
Definitely go as high up in the company as you can for a explanation atleast, try keep everything in writing or email so you have a paper trail, or record phone calls (check the laws on that in the county your in first)
The only other thing I could suggest is seeing if there's something similar to citizens advice and see where you stand legally.

Bluntness100 · 09/10/2019 14:54

He is entitled to notice pay

Exactly. And if this was just cost cutting they'd make him work his notice. No one is escorted out the building for cost cutting exercises, I'm sorry op,

There is something he's not telling you.

Sagradafamiliar · 09/10/2019 15:00

Fucking hell how stressful for you.
I can't see why the company would have invested in relocating you all only to drop you in it on what seems like a whim. When we moved abroad, my dad went over for the first 6 months then once everything was secure, we joined him and started school, but then again his firm didn't actively incentivise the move nor help with it.

Hefzi · 09/10/2019 15:01

Have a look here, OP - uk.practicallaw.thomsonreuters.com/5-503-2946?transitionType=Default&contextData=(sc.Default)

There are other guides available on the Internet, but all of them agree that summary dismissal is only used for gross misconduct. For other reasons, and redundancy, there's a) a formal process b) a minimum of two months' notice and/or severance

I think that you need to go to an employment lawyer in the Duchy: people go on about how employment terms in the UK are the least favourable in Europe, but apart from not being factually correct, they vary quite wildly. Looking at the various guides to Luxembourg law, it seems that you can be dismissed at any time with appropriate notice and payment. Especially with your situation, I think you need to pay out for a professional here, unless the recruitment company can be any help.

Sorry you are in this situation Flowers

Lisette1940 · 09/10/2019 15:04

Sometimes you do have to leave the building immediately if you're let go.

Lisette1940 · 09/10/2019 15:05

I sympathise OP. I followed my spouse when they moved for a job.

TheFlis12345 · 09/10/2019 15:09

Re: being escorted off the premises, that is very much the norm is some industries (e.g. parts of banking) so may not be suspicious at all.

Original poster
WhatFreshHell71 · 09/10/2019 15:12

But dh has had no notice. No warning. No payment. Nothing. That's it. Gone.

The only thing they've said to him was it's cost cutting.

OP posts:
MarianaMoatedGrange · 09/10/2019 15:16

Could it be tied up with Brexit?

RedPandaFluff · 09/10/2019 15:16

This sounds odd, @WhatFreshHell71 - it's true that in some industries, when an employee is 'let go' for whatever reason - whether it's gross misconduct or redundancy - they are escorted off the premises immediately to mitigate insider threat. However, even where this is the case, such as in gardening leave, the notice period still has to be paid.

Something doesn't feel quite right about this . . .

LenoVintura · 09/10/2019 15:19

The only thing they've said to him was it's cost cutting
The only thing he's said to you is it's cost cutting. Whatever has happened, something in writing will follow and then you'll know. What sector is he in?

Melassa · 09/10/2019 15:20

Where I am there is no notice by either party in the probation period. Once confirmed the employment laws are quite stringent, but in the probation period an employer or employee can just terminate with no notice.

Because employment laws are very stringent and it costs money to fire people, if there was any cost cutting to be done it would be those on probation first in the firing line, so it is quite normal, alas. In my industry you would also be asked to leave straight away as most roles are client facing, so that may not be unusual either.

Original poster
WhatFreshHell71 · 09/10/2019 15:24

@RedPandaFluff you're right. It does sound all very rum.

Dh is writing his letter now to send to the higher ups. I'll proof it.

I guess the truth might out in the end.

OP posts:
Iflyaway · 09/10/2019 15:26

Oh, this is really shit for you and your family OP. What a shock.

I live on the continent and used to peruse the expat forums, have a google, like typing in expat forum in Luxembourg/expats in Luxembourg.

I had a google for you so you could start here, although I don't see a specific Luxembourg thread, maybe there's a search bar to type it in.
(there is!).

www.expatforum.com/expats/other-europe/

Have you met any British people there (via school, or so)? You need to build yourself up contacts there, who may have more knowledge of the way things work there, and certainly for moral support.

Wishing you well.

MrsMaiselsMuff · 09/10/2019 15:30

Looking at the various guides to Luxembourg law, it seems that you can be dismissed at any time with appropriate notice and payment

That is incorrect. Luxembourg's laws largely mirror those of France, where, outside the trial period, it is difficult to fire people. The key issue here is that the worker was still in that period.

Mummyoflittledragon · 09/10/2019 15:37

Dh and I lived abroad for several years. This is deffo Luxembourg law. Nothing to do with the uk. That comes from a uk barrister we consulted.

Good on your dh for not signing anything. You need to consult an employment lawyer. If you or your dh knows anyone, who can recommend one - who does their company use for example?

As for money, can your dh get a temp job? Did the company employ a relocation agent for you? If they did, call them. They may not be able to work with you. But they will know someone, who can help. Or recommend a good employment lawyer.

Bastards to insinuate they were generous not to claw back the relocation money. Even if you get nothing, the £500or so to get advice will be well spent and maybe be able to negotiate repatriation if that’s the route you take will be worth it.

tigger1001 · 09/10/2019 15:37

I would think it's fairly common for people (especially in senior positions) to be asked to leave the day they are told their services are no longer required and placed on garden leave. It's certainly happened where I work. It's done that way in order to ensure a soon to b ex employee no longer has access to sensitive/client info etc. They are paid for their notice period though, just not allowed access to the office/office systems. So just because they were escorted from the building that day doesn't necessarily indicate gross misconduct.

Mummyoflittledragon · 09/10/2019 15:38

I meant to add, why is your dh writing a letter?i would do nothing until I’d consulted a lawyer.

Mummyoflittledragon · 09/10/2019 15:40

@tigger1001
Yes, my dh was escorted from the building last year. He had done nothing wrong btw. Over 2 decades of service.

smoresmores · 09/10/2019 15:42

@Bluntness100 I don't agree. I work in IT and when there were redundancies in a department I worked in they had to be escorted out because of data security. It felt unnecessarily horrible but I think it's pretty common.

Bluntness100 · 09/10/2019 15:52

But there would have been a process behind the redundancies, that's totally different to what the op has described which is called in and fired and immediately asked to leave.

zebra22 · 09/10/2019 15:58

Don’t do anything until you have taken legal advice

AlwaysOverworkedUnderpaid · 09/10/2019 16:03

@ MrsMaiselsMuff gender is not a protected characteristic.

Lougle · 09/10/2019 16:12

My DF was a quality assurance manager in the 1980s/90s and whenever he was made redundant (quite common in his industry at that time) he was always given 30 minutes to clear his desk, then escorted from the premises. He had never done anything wrong, just that he had the power to sabotage remaining business.

joaninthesun · 09/10/2019 16:16

Is there anything in the contract about notice periods within probation from both parties?

I work for a multi-national and unfortunately this happens too often. I’m not in Lux, I’m in Ireland so laws will be different but even if someone is let go within probation they are paid a min of 1 further week.

Being escorted from the building is the norm for data security, it’s a horrible practice, especially in open plan offices.

Is he only being paid up to the date he finished?