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Employment law problems: quick decision

The 40-year old son of my client has worked at a small firm for 25 hours a week for the last 6 years. They are now offering him the alternative of reducing to 17 hours or being made redundant with a pay-off of £3000. The hours will be in the middle of the day instead of mornings only as at present. he has to decide within the next 48 hours. Does he have any recourse, or does he have to make a very quick decision?

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06th Oct 2011 06:55

ring ACAS

Tell him to ring ACAS and ask them.

http://www.acas.org.uk/index.aspx?articleid=1461

 

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By noradh
06th Oct 2011 07:08

Employment problem

He did try ACAS, but they don't deal with employees.

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06th Oct 2011 07:31

From a laymans point of view

I would have thought that as they are offering redundancy, they are saying his present job no longer exists, but they are offering him a new job that is being created to fulfil their current needs.

I think this is quite fair treatment from the employer. They obviously need to change the contract of employment, but are giving him a choice of redundancy rather than forcing the change onto him.

If he takes the new job, his employment will be considered as uninterrupted. If he takes redundancy, but still manages to get the new job, his employment will start from scratch again, and he will not have the employment rights that longer service provides.

I am fairly sure that the only defence he could have is that the job as it currently stands is still available, but the change in hours/times would make this difficult to prove.

I am not sure about the 48 hrs notice, but hopefully, a HR specialist will come along to give their valued opinion.

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06th Oct 2011 09:49

I think the offer of Alt employment

I think the offer of Alternative employment has a one month period where either party can decide if it is working out and elect to switch back to the redundancy pay scnario.

Obviously there is the question of what the £3K is for, is it notice & stat redundancy, and / or an element of ex gratia, accrued unpaid holidays etc.

Are other employees involved? - there is a statutory period of giving notice of intention of redundancy depending on the numbers.

There's a lot of issues here - have you tried HR Zone? Has he tried the CAB?

 

 

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By CEL
06th Oct 2011 11:53

ACAS do have a helpline for employees - 08457 47 47 47.

Their website has a whole section on redundancy which may be of assistance:

http://www.acas.org.uk/index.aspx?articleid=1365 

They also produce a booklet/PDF  'Redundancy Handling' which sets out issues for the employer but is useful to see if the employer has acted correctly.  It also confirms the right to a trial period of 4 weeks if a new job is taken.

 

 

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By noradh
09th Oct 2011 12:41

From OP :Colleague has missed the boat

Many thanks, everyone. One of my client's son's colleagues  is currently in Japan on holiday, and unaware of the proposals. As she hasn't replied within the tight deadline, the employer has made her redundant.

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