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Ask taratill Your Own Question
taratill
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6307
Experience:  15 years experience of advising on employment law matters
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My husband has worked for the same firm of architects for over

Customer Question

My husband has worked for the same firm of architects for over 12 years. They have been struggling for business since 2009. In June that year he was reduced to a 4 day week. He has a signed letter confirming this. Since then he had been told to come to work for two and a half days, sometimes just one day, a week. This has gone on for years now. He was told today that they want to make him redundant and then employ him, on a self employed basis, for ad hoc hours as and when they have work for him. However, they say they cannot afford to pay his redundancy! So they want him to take the redundancy money across the next five or six months in instalments. He has no written contract that reduces his hours to two and a half days. I understand that a verbal contract is binding, but he was told that redundancy payments would be based on the four day week. They are now saying the payment would be based on two and a half days and not in one lump sum. I understand that redundancy money is tax free but - does this apply if it is paid over a period of six months? I am really concerned that they are a small business and taking advantage of my husband's loyalty and good nature.

Christie
Submitted: 3 years ago.
Category: Employment Law
Expert:  taratill replied 3 years ago.

taratill :

Hello and welcome to Just Answer, does he agree that the role is redundant, i.e. that the need for someone to do the job has ceased or diminshed?

JACUSTOMER-w9ptzyaj- :

Yes, it is clear that there is very little work for an auto cad technician to do for the company. But there will still be the need for someone to do a small amount of auto cad drawings as the partners cannot work computer software so need some one to transfer their drawings from boards onto a PC.

taratill :

Unfortunately it does seem that your husband's good nature has and is being taken advantage of. It is correct that the redundancy payment would be based on a four day week if he has been working 4 days since June unfortunately.

taratill :

A redundancy payment should be paid promptly at the end of the notice period but the reality is that if they are paying it in installments over 6 months it would take longer for your husband to enforce his right to a prompt payment than 6 months!

taratill :

The redundancy payment should still be tax free but your husband would be wise to contact HMRC just to clarify the position as sometimes this can depend on personal cricumstances and other employment.

taratill :

If you have any further questions please ask. If i have answered your question I would be grateful if you would take the time to rate my answer. Thank you and all the best.

taratill :

Hello is there anything further you would like to know about this?