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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48165
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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My husband volunteered for redundancy last year and was accepted

Resolved Question:

My husband volunteered for redundancy last year and was accepted - he was given a letter stating what his likely payout would be. Redundancy was supposed to be in July 14. Now they are dragging their feet over it, having already got him to give up his skilled job in the factory under the excuse he had to train someone else to fill his job. He has had training supplements taken off him under more false promises of redunancy My husband does not know where he stands any more. Not knowing what is going on is the worst as we cannot plan anything. Would we be justified in seeking legal assistance over this?
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. When the redundancy was accepted was he told when that would take place?

Customer:

No definite date given other that it would probably be July 2014.

Customer:

Just re-read the letter and it said that he would be informed in early 2014 of the date.

Ben Jones :

Hello again, by the looks of the letter he received he was not promised a specific date for redundancy, only being told that he would be informed of a date in July, which is still a couple of months away. Whilst that is not necessarily an issue, what would be important is that he has been asked to give up his usual job as a result and is no longer doing what he used to. Even if a redundancy date had been agreed, he would still remain an employee of the company and be bound by his original contract of employment so the employer would still be expected to honour that and only ask him to do what is in there. Whilst temporary changes could be accepted, such as to provide training or cover, this should not be a permanent change because then we are looking at this becoming a change to his contractual terms and not something that the employer can really do without the employee’s consent.


 


Another consideration is that the employer has still not acted wrongly in terms of notifying him of the redundancy – they promised he will hear by Jul 2014 and there is still time for that to happen. I therefore suggest he waits until the originally agreed time but in the meantime he raises any concerns about job changes that he has and tries to make it clear that whilst he would still be happy to hear about the redundancy dates in Jul, in the meantime he expects them to allow him to carry out his normal job, as per contract.


 


As to getting legal assistance, at this stage it is too early because he can only really do that once his employment has terminated and unless the employer proceeds with the redundancy, this would only happen if he resigns and claims constructive dismissal. This is an option if he believes the employer has acted in a serious breach of contract, for example if they considerably delay the redundancy contrary to what was promised and they also prevent him from doing his usual job.

Ben Jones :

Hope this clarifies your position?

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