How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask Ben Jones Your Own Question
Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 60583
Experience:  Qualified Employment Solicitor
29905560
Type Your Employment Law Question Here...
Ben Jones is online now

My husband has worked for the same farming family since 1982

This answer was rated:

My husband has worked for the same farming family since 1982 / 1983, last July he suffered a brain hemorrhage, had a life-saving operation and was intensive care not knowing if he would survive or not, the hospital prepared us for him not surviving, he did survive and it was a very difficult time for us.
JA: Has your husband discussed this with a manager or HR? Or with a lawyer?
Customer: sorry not finished meant to start a new paragraph
JA: Does the workplace operate with employees, freelancers, consultants, contractors or with unionised employees?
Customer: anyway, the employer stopped his pay at the end of January, although they wouldn't pay his basic pay they still paid his housing allowance, bank holiday pay, and holiday pay. In April his GP signed him back to work starting at two half days and working up to full time over three months, we went to see his employer expecting to work out a back to work plan and was told he didn't want him back to work until he had had his driving license reinstated, we were devastated, last Thursday the DVLA reinstated my husbands driving license, we informed his employer and yesterday we received a letter from them to say they were making him redundant, another issue we have is that although he has worked there for so long he doesn't have a works pension, could you advice us please ?
JA: Anything else you want the lawyer to know before I connect you?
Customer: thats it for now i think

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

So do you know if his position is longer available within the business?

Customer: replied 1 month ago.
since he has been off his employer has been doing the farm work and is going to continue and they say they don't need two full-time farmworkers, they also say they are reducing some of the land they farm

Thank you. I will get back to you with my answer as soon as I can, which will be at some point today. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.

Many thanks for your patience. According to the Employment Rights Act 1996, redundancy occurs in the following circumstances:

1. Business closure – where the whole of the employer’s business is closed

2. Workplace closure – closure or relocation of the location where the employee worked

3. Reduced requirement for employees to carry out work of a particular kind

Generally, redundancy occurs when an employer decides to reduce the number of its employees, either within the business as a whole, or within a particular site, business unit, function or job role. There are various reasons why this may happen, such as economic pressure, changes in the nature of products/services offered, internal reorganisation, workplace relocation, etc. The reason for the proposed redundancies will rarely be challenged and the employer will simply have to justify that the actual reason satisfied one of the statutory definition of redundancy above. So the employer is able to consider making him redundant if the conditions for redundancy are satisfied.

One of the frequently misunderstood reasons for redundancy is when it is caused by an alleged reduced requirement for employees to carry out work of a particular kind. Many people think a job has to actually disappear for there to be redundancy but that is not the case and the following are examples of genuine redundancies:

· The same amount of work remains but fewer employees are needed to do it (this can include consolidation of jobs by spreading out certain duties amongst existing employees or outsourcing the work to contractors)

· There is less work of a particular kind and fewer employees are needed to do it (e.g. when a client reduces their work with the employer)

· There is less work of a particular kind, but the same number of employees are required overall (e.g. having to reduce employee’s hours)

So as long as the employer can show that their situation fell within one of the definitions of redundancy, the test will be satisfied and the focus then shifts on the remainder of the redundancy procedure. This would look at how the employer consulted with employees, whether any suitable alternative employment was offered to those at risk and the general fairness of the redundancy procedure applied by the employer.

What they cannot do is just state that he is being made redundant and terminate his employment without justifying there was a genuine redundancy and going through a fair procedure. If that was to happen then he can argue that this was a procedurally unfair dismissal and challenge them on that basis.

In terms of works pension, if they should have paid him anything but they did not, he can consider pursuing them in the County Court for anything that is due to him for the time he was employed by them.

Does this answer your query?

Customer: replied 1 month ago.
Hi Ben, thanks for the information, I was trying to not make the question too long but basically what we would like to know is firstly after they stopped the wages at the end of January, if they were paying the housing allowance, bank holiday and holiday pay should they of also paid the basic pay, it doesn't make sense to us paying the additional payments and not the basic pay. Secondly.can his employer just deside he doesnt want him at work when he has a ticket from the GP to say he can return, my husband says there would of been things he could of done which wouldn't involve driving on the highway including general maintiance around the yard. Thirdly we think my husband has been treated unfairly during all this, he has been loyal to them for nearly fourty years and when he becomes ill they find they can do the job themselves so instead of saying something when he was signed back to work they let him struggle on a low amount of income then when he gets his licence back they decide to make him reduntant, if they had done this before he could of found another job by now and bringing a livable wage.

Hi, they would not have been required to pay his basic pay during a period when he was off sick if he did not have a contractual right to be paid full pay when off sick. If he was only getting SSP or sick pay was at the employer’s discretion then he will not necessarily get more than that.

Also, they can decide they no longer need him, even if he is now fit and able to return to his role. If they can justify that a genuine redundancy situation exists and follow it all through properly, he can still be made redundant, even if fit to work again.

Whatever the outcome, assuming it is termination, he still has the legal right to challenge them for unfair dismissal in the Employment Tribunal and that is a free claim, so he has little to lose by at least trying.

Does this clarify things a bit more for you?

Ben Jones and other Employment Law Specialists are ready to help you