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Original poster

HELP! HELP! DH has been made redundant and they are playing silly buggers...

19 replies

TAFKAtheUrbanDryad · 01/12/2009 13:14

Dh was made redundant last Tuesday, with immediate effect - the thing is, they've already advertised his job on reed.com, which is illegal.

They told him he would have to come to a meeting tomorrow, to discuss the terms of his redundancy, and that he could bring one person with him. Dh chose to take a friend who has been supporting him through this whole thing - but now his work has just phoned and said that the only person that he can bring with him is another colleague.

Surely this is illegal, but I don't know where we go from here. Obviously we need to go down the tribunal route, but we were holding off getting in touch with a solicitor until after the meeting tomorrow, once we knew the terms of his redundancy.

We're both just so stressed over this - and I need to know where we stand. Should we just get in touch with an employment lawyer now?

OP posts:
devonsmummy · 01/12/2009 13:18

Call ACAs they are really helpful and free.

DH had to leave his job this year as wasn't paid for 2 months!

Original poster
TAFKAtheUrbanDryad · 01/12/2009 13:19

OK - got to take ds to playgroup but will be back in a little while.

OP posts:
Rhubarb · 01/12/2009 13:24

Dryad, they are taking the piss. Here is his rights. Keep copies of all letters. Print out the ad from Reed. Make a note of all meetings and phone calls, dates and times.

They are acting illegally.

devonsmummy · 01/12/2009 13:26

ACAs 08457 47 47 47 - open 8am - 8pm

Bigbadmummy · 01/12/2009 13:30

The third point on the link posted by Rhubarb under "Individual redundancies" is really relevant.

Employers have to demonstrate that they tried to find another position within the company for your DH.

They have screwed up monumentally. Take them to the cleaners.

All solicitors have to give you half an hour for free, use it and see if you can get a no win no fee agreement from them.

We did that over something that happened with us and the first letter the solicitor writes to the ex-employer will have to point out that you are on a "No win no fee" arrangement and therefore the employer will have to pay your costs.

That might be enough to get them to cough up all that your DH is entitled to.

Good luck and please keep us posted.

dilbertina · 01/12/2009 13:37

How long has he been working for them?

devonsmummy · 01/12/2009 13:41

we are currently awaiting a hearing with the Employment Tribunal to recover DH's outstanding salary - it's all free.

If the former employer does not comply then court proceedings will be started.

You don't want to start paying out trying to get money you are owed. Even Citizens Advise told us not to use a solicitor - you could end up paying out as much as you are claiming

Original poster
TAFKAtheUrbanDryad · 01/12/2009 14:24

We have legal cover on our home insurance, so costs not a problem.

It seems that the law states he can only bring a colleague or trade union rep to this meeting. Our main worry is that now they've realised what a PITA it's going to be to make him redundant, they'll offer him his job back then try again a few months down the line. Or they'll try sacking him for something. Dh has just gone out to see a local employment solicitor now.

Thanks for all your posts - rhubs will look at links now.

OP posts:
Rhubarb · 01/12/2009 14:30

They cannot make him redundant and then readvertise his job - as you rightly stated in your OP, that is illegal.

However they are right that he would need to take a colleague in with him, not just his friend. Sorry I should have read your OP properly on that, I thought his friend was one of his work colleagues.

I would advise that you seek legal help, once they know that you are willing to fight they'll be less inclined to try and sack him or make him redundant again.

If they are that arsey, perhaps your dh should take the redundancy and everything else he can get out of them as he may be better off out of there.

Original poster
TAFKAtheUrbanDryad · 01/12/2009 14:37

He doesn't want to work there anyway - hence why he saw his job advertised on reed, he's been looking for a new job for ages! This redundancy was a blessing in disguise really and the last thing he wants is his job back!

Can he still take redundancy if they offer his job back tomorrow? I don't think he can, because then as far as the law's concerned the matter's resolved - dh has a job.

I can't believe what a bunch of cockjockeys his work are, really. He's said he'll take a colleague to the meeting instead, but I wouldn't put it past the company to put pressure on him to not accompany dh.

OP posts:
Original poster
TAFKAtheUrbanDryad · 01/12/2009 14:38

He's worked there for 2 years, btw.

OP posts:
Rhubarb · 01/12/2009 14:48

Hang on, they've made him redundant with immediate effect no?
Has he had his redundancy papers? Or is all of this verbal only?
If he has anything in writing then he can take his redundancy. They can offer him his job back, but he has the right to refuse.

Original poster
TAFKAtheUrbanDryad · 01/12/2009 14:51

Nothing in writing, no. And - like a twat - when he had the meeting last Tues when they told him he was being made redundant with immediate effect he opened his heart out and spilled the beans about knowing they were still advertising his job, whereas I think he should've kept his mouth shut and let ACAS deal with it. Never mind, what's done is done.

OP posts:
Rhubarb · 01/12/2009 14:53

Where there witnesses to that meeting?

Call ACAS, explain everything and see what they say, you may still have a case.

Tell them that you've sought legal advice over the way they've handled everything and you want to take the redundancy offer and a first rate reference or you'll take it further.

Call their bluff. They obviously aren't getting good legal advice themselves or they wouldn't be doing what they are doing.

Original poster
TAFKAtheUrbanDryad · 01/12/2009 14:56

Well, yes, there were witnesses but as they all work for the company I would assume they're all under strict orders to tow the company line or risk losing their own jobs.

Dh is at solicitor's now. Will see what they say.

OP posts:
sparechange · 01/12/2009 14:56

Can I just add, if he/you haven't done so already, take a screenshot of the job advertised on Reed and if possible, get some more details...
Do you/DH know someone who has a similar qualification/CV to DH who could phone the recruiter and make some enquiries about the job?
In particular, how long they have been looking for someone and who it would report in to?

Original poster
TAFKAtheUrbanDryad · 01/12/2009 14:58

sparechange - he already did all that, took a screenshot and emailed it to several separate locations (paranoid, us? Never!) and I phoned the employment agency to ask about the job, which confirmed it was dh's position.

OP posts:
PrematureEjoculation · 01/12/2009 15:03

woww thats bad.

i think the main point to note is there is any procedural error on their parts (lack of paperwork etc) then that is an automatic win at tribunal.

they can still make him redundant , though you can't claim Jobseekers Allowance if it is voluntary.

advertising the job before they fired him is prejudicial, s the point of having a lst meeting is to determine if there is any way he can sdtay.

YorkshireRose · 01/12/2009 20:48

Advertising the job when you have made the postholder redundant is illegal as the post is clearly not redundant if they are recruiting someone else to do it.

It is clearly a sacking very clumsily dressed as a redundancy and you have clear evidence that is a sham.

Sue their b*s off.

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