Unfair Dismissal/termination of contract
Discussion
Hoping some of you might be able to help on this matter.
My OH works at a company that made announcement a few weeks ago that due to a turn down in the industry they are going to be letting people go.
A hour later people where informed and told to leave site straight away (guessing due to the way the contracts are) now the issue we is have is this.
The person she works with was let go after 36yrs service and she was kept and his contract was terminated for whatever reason and he was provided with basic redundancy package. Now he isn't accepting this and is fighting it.
Due to this reason the company have informed him that him & my partner that they will go under consultation in the new year (she doesn't know yet he told her via a chat that he has had with HR) he was told that if he didn't accept this package then he would risk her job and of course he hasn't and wants to go down the consultation route!
Now what my question is this, can they terminate his contract and then let him back and make my partner redudant? As surely that's unfair dismissal? She has spoken to ACAS and been told as such just wondered if anyone could help anymore?
Thanks
My OH works at a company that made announcement a few weeks ago that due to a turn down in the industry they are going to be letting people go.
A hour later people where informed and told to leave site straight away (guessing due to the way the contracts are) now the issue we is have is this.
The person she works with was let go after 36yrs service and she was kept and his contract was terminated for whatever reason and he was provided with basic redundancy package. Now he isn't accepting this and is fighting it.
Due to this reason the company have informed him that him & my partner that they will go under consultation in the new year (she doesn't know yet he told her via a chat that he has had with HR) he was told that if he didn't accept this package then he would risk her job and of course he hasn't and wants to go down the consultation route!
Now what my question is this, can they terminate his contract and then let him back and make my partner redudant? As surely that's unfair dismissal? She has spoken to ACAS and been told as such just wondered if anyone could help anymore?
Thanks
Edited by PaulG40 on Wednesday 23 December 22:31
You haven't really provided enough detail, but it is quite possible that the 36 year service employee has appealed the decision. It is quite possible that an appeal hearing can find flaws in the selection process and effectively reinstate him/her. As a third party and as an employee you are unlikely to have the full picture of what has happened.
In terms of your partner's position, the situation may feel unfair and unjust to you but it hasn't played out yet so is not necessarily unfair from an employment perspective. An important factor is her length of service which you have omitted. If it was me, I would provide some back up to my own situation by getting the CV ready and applying for some new roles in the new year. Given that the company may only pay statutory redundancy then the payout will be slim at best and may not be worth hanging on for.
In terms of your partner's position, the situation may feel unfair and unjust to you but it hasn't played out yet so is not necessarily unfair from an employment perspective. An important factor is her length of service which you have omitted. If it was me, I would provide some back up to my own situation by getting the CV ready and applying for some new roles in the new year. Given that the company may only pay statutory redundancy then the payout will be slim at best and may not be worth hanging on for.
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