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Legal rights in redundancy - any employment lawyers out there?

4 replies

StandUpForYourRights · 01/07/2010 11:26

Hi - I am a regular but have name-changed to avoid company involved being recognised.

It is looking increasingly likely my DH is going to be made redundnant. He works as a IT manager for a medium sized firm that is going through very difficult times which is obvious to all (despite directors not saying anything to staff!!) He is the only IT person in the company.

We have accepted the situation and have covered ourselves as best we can. As he hasn't worked there for 2 years yet, we understand he won't be entitled to a thing - except a notice period of a month. What concerns me, is that my understanding of redundancy is that it is the post that is found to be redundant, not the person. But no company can function without IT, So if (more likely when) it happens, will the company involved legally be able to employ outside IT support despite the post of IT manager being made redundant?

Can they make him go immediately without working his notice?

TIA

OP posts:
slug · 01/07/2010 11:54
StandUpForYourRights · 01/07/2010 13:35

Found the answer to the second question - as long as they pay him his notice, he can be excluded from the premises as soon as termination of contract is in writing. Shame his notice period is only one week

OP posts:
StandUpForYourRights · 01/07/2010 20:00

bump.

Anyone?

OP posts:
hairytriangle · 26/08/2010 21:44

yes it is the post that is made redundant and redundancy of a post is where the work is no longer needed. So they could argue that the specific work he does is a luxury and in leaner times, is not needed (and for example, get an external company to come in and do parts of it).

As far as I understand it, the only exception to the thing about the work no longer needing to be done, is if it is part of a restructure, which re-allocates some of the tasks.

The company should consult with it's staff, and must make choices about how to make posts redundant fairly (and be able to show that they have done)

this is quite useful

www.direct.gov.uk/en/Employment/RedundancyAndLeavingYourJob/Redundancy/DG_10029835

and so is this

www.acas.org.uk/CHttpHandler.ashx?id=976&p=0

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