Redundancy without notice is it legal?

Matilda S

It is illegal.

Try and talk to them about it.

If you get no decent response then take them to court.

x

hmrhmr1717

UK LAW
If an employer dismisses an employee (eg redundancy) the employer has to follow the statutory 3 stage process as outlined in legislation. That is, they must send him a letter (1), they must hold a meeting (offering representation) to discuss the redundancy (2) and (3) they must give him the right to appeal. If this process is not followed, and the employee has more than one years service, it would automatically be classed as unfair dismissal.

If the contract permits, the company may choose to pay notice in lieu.

Consultation for one person being made redundant must be done within a 'reasonable' time limit. One day would not be reasonable.

After 2 years service with the company, he is entitled to redundancy.

Also, it is the job that gets made redundant and not the person, so make sure they havent replaced him with someone else. If they have, it isnt a redundancy situation.

Cari

You don't say where you are, but in the UK:

- After more than two years' service, you are entitled to statutory redundancy pay
- If you are not permitted to work your notice period, you are entitled to payment in lieu of notice
- You don't really need to have a consultation. This is more for people whose jobs are "at risk", not for those who are being made redundant immediately
- They didn't necessarily need to give it to him in writing. Could be that it's coming in the mail, but legally I don't think they have to give written notice anyway

Your/his first step should be to contact the HR department at the company to verify that he is getting the correct payment. It could be that yesterday when he was sent home, he was so shocked and upset that perhaps they did explain that they would be paying these amounts, but he was too shaken to take it in. So contact HR and see what they say.

Next thing is you contact ACAS who will provide you with free legal advice and tell you what your next steps should be.

At this point, you should remain nice and friendly in all your dealings with the company (I know it's hard!). But, this could determine the quality of his reference. Remember that most companies don't actually *want* to make their staff redundant, and it may be possible that he could negotiate the wording of his reference. I know it's all too easy to go in there shouting the odds when you feel like you've been hard done to, but this could be what makes all the difference.

sparkey

he will be entitled to pay in lieu of notice
he can be made redundant straight away but he should get pay in lieu of the notice check his conditions of employment
it is normaly one weeks pay for each weeks notice after 2 years so he should be entitled to 4 weeks pay

Pleasant Peter Perkins

SK has a succinct but correct handle on the situation.

Contact ACAS. I assume he is not in a union?

Max Power

Hope this link will guide you , to your husbands employment rights.
http://www.emplaw.co.uk/emplaw/employee/research-employee.aspx

LittleLaura

sorry for your husband
i got dismissed a few weska ago for no reason too

HappyDaze

Oh My Goodness - I'm shocked!
1) If he was sacked it can only have been gross misconduct as only this would have warranted instant dismissal - however he should have been fully notified of what he had done and told he would have a right to appeal.
2) To be made redundant you should be given 90 days notice + redundancy pay for 6 years service
If you are in a Trade Union you must contact them - otherwise contact ACAS on www.acas.org.uk or call them on Tel. 08457 47 47 47. You local Citizens Advice Bureau will also be able to give you advice and information and can take it to court for you on your behalf -
Good Luck...

junglejungle

take them to the cleaners..

you normally have to give notice.. he's on a contract?

also your supposed to get pay + a chance to have time to look for a new job..

they tried that s*** with my friends sister.. and she took the company to court and won far more..

Summerboy

I was made redundant i 1999, the management ASKED every employee to attend various meetings to discuss the reasons behind the redundancies, then, we had a matrix test, basically to see who was willing to be a multitask employee, (the lower your score the more chance of being made redundant) I had been there 28yrs so I'd had enough, I said no to every question, the management were pretty good because they knew I wanted out, we were given 13 weeks notice, help looking for other jobs, time off for interviews etc, anyone who found a job was paid the redundancy money, plus any of the 13 remaining weeks and a full years holiday pay, normally the first 2 years don't count when calculating redundancy pay, I feel for your husband, if he's in a union they should sort it out, if not he has more than a good case to take his employers to court, good luck for the future.

mark_2005_london

yes they seem to have acted illegally. Further more, if your husband is not the only person that performs that particular role then you might find you have a valid claim for ''unfair selection for redundancy''

Go to the CAB or consult a Trade Union

jackie m

If they don't need him then its legal but they cannot employ someone else in his job for at least a year but I would contact www.acas.co.uk and check with them.

And Why Not?

Firstly, as it was not in writing, it is totally ineffective. He is entitled to be paid in full for his normal hours for yesterday. He should turn up at work every morning and get evidence that he has done so. This he should do until he receives written notice. If he has to stop work, he should receive pay in lieu of notice. It would be a good idea to seek help - try the Citizens Advice Bureau

steven e

he has been sacked .not redundant.

It is a legal. Everyone who worked for the company where my Dad worked was called into the office at the end of the day and told not to come in the next day as the company was now officially bankrupt.

YEES, SUE SUE SUE SUE SUE SUE !! they have to give some sort of notice period only if he got fired then its legal

Its illegal.

MUSH

No thats not legal!! They have to give him formal redundancy notice and pay in lieu and what ever they owe him in redundancy as well as a notice period!!

JUDY

MY HUSBAND RECIVED A PHONE CALL THIS EVENIN TELLIN HIM THE RECIEVER HAVE CAME IN THAT HE DOSN HAVE A JOB ANY LONGER WITHOUT ANY NOTICE .

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