Redundancy Help

  birdface 11:07 14 May 2012

Son in law got a job erecting TV aerials from the job center a year and a half ago.He new it probably would not be permanent but was told to take his van back to the depot where he worked and he and the rest of the lads were laid off last week.

He had 3 days warning that this was going to happen but the problem is they have given them all a 3 months redundancy notice which means they get no redundancy payout and they can't sign on for unemployment benefit as they are still classed as working.

Anyone else had the same problem.It is hard enough surviving today but twice as hard with no job and no wages.

So anyone any information on what the firm is doing is legal or what he should be doing next would be helpful.

He is not one for sitting about and no doubt he will be out looking for a new job if there is any about.

Does the 3 month redundancy notice mean that he cannot start a new job as he is legally[ I suppose] still employed by his old firm.

  lotvic 11:23 14 May 2012

I think it means he is still on the pay roll (will receive pay) for the next 3 months but is 'laid off' so doesn't go in to work (gardening leave?) Depends on the terms in his notice. I found ClickHere which is discussion of this.

  birdface 11:37 14 May 2012

Thanks Lotvic I will e-mail that on to my daughter and at least it gives them something to go on.

The firm he worked for is not in Liquidation or anything like that the just needed extra workers to get over the Digital Service that has been installed.

He was told not to expect any payments maybe you have to be with a firm for a certain time before you qualify.

Best if he goes down to the Local job center for advice.

  WhiteTruckMan 11:42 14 May 2012

Three months notice sounds like a long period for someone who has only worked for 18 months. But whatever. He should start looking for work NOW! And if he finds employment elsewhere he should take it, and start as soon as he can. Lets face it, he's not going to be giving up a great deal of money, redundance wise, and in todays job market he cant afford to let a job pass him by on a technicality, or some misplaced loyalty to his soon to be ex-employer.


  wiz-king 11:59 14 May 2012

You had to work for 2 years before you were entitled to 'state' redundancy pay but the rules may have changed since I was made redundant 14 years ago.

  birdface 12:03 14 May 2012


Just read that you have normally got to be employed for 2 years before you qualify for redundancy payments.

He is not one to sit about and wait for jobs he was in his last job for 10 years till it closed.

It is not usually the situation where you can leave one job and get another job fairly quickly.

At least not since Harold McMillan was prime minister. In those days you could leave a job in the morning and get a new one that afternoon.

He is not used to being unemployed so does not know what to do next.I think a run down to the Jobcenter would be his best bet for advice and maybe get a job while he is there.You never know.

  birdface 12:06 14 May 2012

Sorry wiz-king I should have refreshed the page before posting.

I was reading the same thing myself from a newer source so maybe it is still the same you have to be employed for at least 2 years.

  spuds 12:07 14 May 2012

They would have advisers's at the local Jobcentre or CAB for this type of question, and it would be best to seek help from either of those two sources, especially if wages and redundancy payments are concerned.

I know of at least two cases over the past year, when staff were informed of similar action regarding losing their job. The Jobcentre soon sorted out the details by contacting the firms involved, and by doing so, help save some hardships.

  birdface 12:35 14 May 2012


Yes have to agree with you firm still owe him some wages not sure how much.Whether a week or a month I am not sure but he is not hopeful of getting the proper amount.He will just have to wait and see.

The Jobcentre looks like the best place to start.

  frybluff 21:57 14 May 2012

Having worked in Jobcentre Plus, I would recommend CAB as an intial contact point. A good alternative would be a trades union, if a member. Both can advise on employment law. DWP are the next port of call, to advise if any support is available. If theoretically employed, but not receiving income, then there will likely be some entitlement, but means tested. That would normally kick in from the date of end of paid employment, unless there is a paid notice period. It is always worth making a claim as, even though there may be no financial entitlement, National Insurance Credits will be covered, guarding against a loss of future entitlements.

Lay offs should be used as a temporary measure, for a firm to reduce costs, whilst still trying to retain staff until "things pick up". Normally there is some incentive for staff to "keep themseves available"

If he has been told he will not be asked to work, or receive any wage, during the "notice" period, he is perfectly free to take another job, if available. In effect, it is dismissal, in all but name.

  Forum Editor 22:43 14 May 2012

"In effect, it is dismissal, in all but name"

It's important to remember that people are never made redundant - it's the job that is redundant, although it obviously means the person doing it can no longer work. A company can't give someone a redundancy notice, and then promptly employ someone else to do the same job.

You have already discovered that to qualify for statutory redundancy pay a person must have worked continuously for an employer for a period of two years. Trade unions would like this qualifying period to be halved, but as yet there's no sign if this happening.

Employers are encouraged to give as much notice as possible where redundancies are concerned, although the minimum period required by law is one week's notice for each year of employment.

From what you have said there is no indication that your son's employer is doing anything illegal. He should consult his contract of employment with regard to his ability to leave before the end of the notice period. If he stops working for the company before the expiration of a period of notice, and does so without their consent he may be liable to dismissal for gross misconduct - something that wouldn't look too good on a reference when he needs one. The best thing for him to do is talk to his employers and find out what their attitude is - they may well agree to him leaving before the end of the notice period if another job comes along.

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