redundancy dilemma

[hal 1]

Hi

Here's the tale of a friend of mine who doesn't know where he stands with regards to redundancy

The work situation at his place is dire, there's very little of his type of work going on, he's based in the north west and has been told he's three options.

One is to travel, at his expense/time approx 55 miles to another base of the company, he's to be there by 7.30 then be taken to wherever he'll be working on that day.

Two is to wait till work picks up which could be another 4-5 months while still signing on unemployment benefits.

Three is to accept £1,000 in lieu of any redundancy and he will never return to the company.

They've told him that he will never get the redundancy he's entitled to.

I've told him to go straight to citizens advice as i wouldn't think that's allowed as, in my opinion it's unreasonable to expect someone to travel so far each day, he's in his early-mid fifties and has been with the company a few years now.

Any advice ?

[Davel]

He should take advice now.

It may be a case for 'Constructive Dismissal' if the new terms make it impossible for him to continue.

Why won't he get the redundancy cash to which he may be entitled. Is the company in st creek or is this a threat of some type?

[Muzzer]

hal 1 said:

One is to travel, at his expense/time approx 55 miles to another base of the company, he's to be there by 7.30 then be taken to wherever he'll be working on that day.

They can't make him travel an 'unreasonable' distance to work. 'Unreasonable' could mean that he currently now takes the bus so can't make a 55 mile journey. However, if he makes a 50 mile commute already for example, he can't refuse this.

hal 1 said:

Two is to wait till work picks up which could be another 4-5 months while still signing on unemployment benefits.

As in, he'll be employed but claiming benefits? That's mightily illegal.

If not, he'll be leaving to then come back? Who says they'll take him back?

This sounds like Jackanory. Which leads me on to 3:

hal 1 said:

Three is to accept £1,000 in lieu of any redundancy and he will never return to the company.

They've told him that he will never get the redundancy he's entitled to.

He's legally entitled to SRP (Statutory Redundancy Pay) which is paid out in relation to his age and length of service with the company.

They're trying to get out of paying him by offering him the £1000. Silence money if you like.

Tell him to talk to his employers, 'remind' them of this and seek legal advice if they don't stump up.

He can take them to a tribunal for constructive if they don't acknowledge it. Which can mean a payout to him in the region of £65k PLUS the redundancy they owe.

[siscar]

As ever much depends on the detail. How long has he worked there? If less than a year he is unprotected and they can simply tell him to go. With the £1,000 again the redundancy he may be entitled to depends on how long he has been there and what his weekly pay is. It works out at 1 weeks pay (up to a maximum of £380) for every year of service over the age of 22, 0.5 weeks pay under 22. So whilst the 'in lieu of redundancy' doesn't make a lot of sense it can be the case that he is better off accepting £1,000.

[hal 1]

A bit more info, he walks to his base, about 10 mins then is taken by works van to wherever he's working that day/week etc, he has no car of his own but can drive, he won't get a van to use.

It's supposed to be a temporary lay off and can claim job seekers allowance as he's not receiving any payment from the company, i believe that after a certain length of time he's supposed to receive some sort of payment so he's 'still on the payroll' !! ( don't quote me there )

His wages are around £400 weekly, he's been with the company about 9 years.

After looking on the gov site regarding his position he can claim redundancy after four weeks consecutive lay off, however this company will simply take him back for a few weeks then go through the whole process again and again till he gets p****d off and leaves of his own accord.

It happens, that's the building trade for you.

BTW thanks for all the advice coming in, much appreciated

Edited by hal 1 on Tuesday 9th February 17:54

[supertouring]

Has received all this is writting?

[hal 1]

No, the only thing he's been asked to sign is the declaration accepting the money, everything else is verbal, though i keep telling him to go to the CAB for help, i'm just asking here for more ammo for him, basicaly he's in his fifties, although he's a good tradesman building work is hard to find and he's scared for his future.

Thanks again, i'm going to ring him later to let him know what i'm finding out here.

[edc]

A lot will hinge on what the contract says in relation to place of work.

It sounds like a genuine redundancy/lay-off scenario. Also how is he paid? Salary, by job, day/hourly rate?

[hal 1]

He's given in, he's accepting the offer, it was raised slightly, yes it was to buy him off, he went to a solicitor who told him that what he'd been offered was a load of b***ocks and to sue the pants off them, but as he just told me earlier "i've not got it in me, i just want to forget the whole mess and get out"

Pi**ed off doesn't describe how he feels.

i know how this firm behaves as i once worked for them, i left due to a better offer when things were ok.

I'll be seeing him this weekend, buy him a few pints.

Thanks again for your contributions.