dh handed in notice today they made him redundant.... what shall we do?

[headchefswife]

really hope someone can help

my dh handed in his notice at beginning of month - same date the hotel went into administration. his last day was due to be 31/12

he is off sick at moment with a chest infection, and has a doctors sick note running sat just gone til this thursday.

today the gm called him and told him to talk to the administrator dealing with the hotel. my dh called him, and was told that he was redundant as of today and won;t be paid for rest of this month.

is this legal? how can he be made redundant if he has resigned? they said its for financial reasons, what if they hire someone straight into his position? we are really worried

the hotel is being kept open and the bank have said they plan to keep it open for the beginning of 2009 to find a buyer.

sorry for the long post, hope anyone can help with this! we have a baby on the way and a 20mth old ds-its a nightmare.

isn't that good? if he resigned, was that because he had a job to go to? NOw he will get a redundancy package too?

or am I misunderstanding this!?

if he resigns he won't get anything other than normal wage for that period will he? if they make him redundant, don't they have to pay a weeks salary for every year worked or something?

If this is right, wouldn't it be in his best interests to be made redundant?

Not unless he has worked there for more than 2 years, you have no legal right to redundancy before that.

If he's on notice anyway, why it is such a disaster for him to leave two weeks early?

no, as they have refused to pay him anything for the rest of the month, and told him he can apply for government funded notice pay of £660 altogether. this doesn;t touch what he would have been due for 2 weeks work.

its only good in that he is home for christmas and prob never will be again , ie working in a restuarant!

They cannot hire someone into his position. It is the position which has to be redundant, not the person - they cannot replace him. He can take them to a tribunal if they try to.

Go to the Citizens' Advice Bureau. They are really good with things like this.

presumably you want his wages for the rest of the month and now won't be getting any?

has he got another job to go to?

Maybe I'm not getting this... always possible...

Whether you resign or are made redundant you have a contractual right to work or be paid your notice. In the event that a company completely folds (not what is happening here) there may be a question or delay over paying that money.... ie if there is literally not a penny available.

I agree with Shitehawk (fantastic name... what my mother used for her road rage moments) in that it's the role and person that is made redundant and they cannot replace his role.

I am a bit confused as to what they're trying to do here to be honest.

Definitely speak to Citizen's Advice or ACAS for some free advice. Good luck.

compo yes he does, but we have to move house so have all the costs so we were counting on a full salary this month. also we still have all our usual bills and mortgage, which is more than £660 on its own.

shitehawk that's very interesting, does that count for an agency head chef as well as a permanent one? one of my dh briagde said there is an agency head chef there already, started yesterday!

as the hotel is in administration i think it might be hard for them to hire a head chef unless the hotel has a definite buyer.

cyee, that is right- it does sound like a breach of contract,

i think they are trying to get away with not paying him his last 2 weeks salary to save money.

bump..please

it sounds like an awful situation, far from legal I think - have a look here and good luck

Before you get too excited, the situation on an administration is very different to a straightforward dismissal. I am not an expert in this area, but as I understand it essentially an administrator has a fortnight window in which they can dismiss anyone for any reason (including those in notice periods and including bringing in temp staff) and all bets are off re normal tribunal claims.

You need to talk to the CAB or ACAS, or an employment lawyer specialising in insolvency I'm afraid.

thanks ribenaberry- its over two weeks since it was announced the hotel was in administration.

i think i have legal advice with my home insurance so wll call them, and cab and acas.

duckyfuzz, thanks for that, but its a rundundancy- they haven't even acknowleged he is under notice and resigned 2 weeks ago. the administrator called him today out of the blue to give him the news and we got an emailed letter at 7.00 pm!

contact mortgage company and explain situation as soon as possible, emphasizing new job to go to they may agree payment holiday. not much advice, just how horrible to happen just before xmas for you.

No advice but bumping for you and hoping you can find a way to ease things. you have so much on your plate at the moment!

Hi I just got made redundant last month and from what I understand from the administrators is that you can claim pay in leiu of notice, any holiday pay outstanding, any redundancy pay from the goverment. It is a long process with lots of forms to fill in but why should they have it when your husband is entitled to it. Good luck x

thanks for posting everyone. it seems that when in administration they can do what they like. we can only claim for the notice max £330 a week plus o.s hols.

cab were great, acas- tried 8 times to get through, on hold for 10 mins gave up eventually- they are inundated apparently

legal through house insurance still umming and ahhing