Redundancy Question

[mariechez]

Originally Posted by Claudette

I would add to this that the majority of people in private companies are not in a union and do not have a recognised union in the workplace. And it is not only via a union that one can establish employment law. That was also not advice.

OP has not answered my question about whether their partner has found another job, because they cannot "unreasonably" turn down an alternative even during the notice period. There is a nuance between them "unreasonably" turning something down versus being offered a "reasonable alternative". They do not necessarily need to take a reasonable alternative once the notice period is triggered and redundancy notification has been provided, they do during consultation. Once they are in the redundancy notice period they cannot turn an alternative down for unreasonable grounds, e.g. because they fancy a pay out and long holiday.

If OP's husband had another job, it would be perfectly reasonable to turn down the alternative, it is not the job that needs to be reasonable at this stage, it is the OP that cannot be unreasonable in declining it. Even then the company cannot unilaterally reverse the redundancy process, they can only stop the redundancy pay.

I believe the company have most probably acted legally but whether OP's husband has lined up another job is a fairly critical but unanswered question.

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It wasn't actually my husband affected, I did state it was two colleagues of his that were made redundant at the same time as my husband. They do not have jobs but just wondered where they stood. Should it happen to my husband I wanted to know what was what. He is hopefully expecting an offer on a temporary post which may lead to a permanent position.

[Andybear]

Originally Posted by gp200ts1

My advice is he should have been in a Union. They would have given the correct advice and fought his corner legally.

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Not all companies have unions.

[Guest]

Originally Posted by mariechez

It wasn't actually my husband affected, I did state it was two colleagues of his that were made redundant at the same time as my husband. They do not have jobs but just wondered where they stood. Should it happen to my husband I wanted to know what was what. He is hopefully expecting an offer on a temporary post which may lead to a permanent position.

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Ah ok, I assumed your husband was one of the two, obviously makes no difference on the legal position.

So if the two do not have other jobs to go to, I think it would be very difficult for them to argue that they are not being unreasonable in agreeing to stay at their jobs. Perhaps, if they have lined up emigration to Australia that might work, I struggle to think of anything else. In this case, as I have said, the company cannot stop the actual redundancy, but they most definitely can stop the statutory redundancy payment.

In respect to your husband, has he lined up his temporary job elsewhere or within his current company? I think if he has agreed to take a job elsewhere, whether temporary or permanent (considering most people can be removed at any time within the first two years), it would be reasonable for him to decline getting his job back if he so wished. He might however have to fight. But I think he would win.

[mariechez]

Originally Posted by Claudette

Ah ok, I assumed your husband was one of the two, obviously makes no difference on the legal position.

So if the two do not have other jobs to go to, I think it would be very difficult for them to argue that they are not being unreasonable in agreeing to stay at their jobs. Perhaps, if they have lined up emigration to Australia that might work, I struggle to think of anything else. In this case, as I have said, the company cannot stop the actual redundancy, but they most definitely can stop the statutory redundancy payment.

In respect to your husband, has he lined up his temporary job elsewhere or within his current company? I think if he has agreed to take a job elsewhere, whether temporary or permanent (considering most people can be removed at any time within the first two years), it would be reasonable for him to decline getting his job back if he so wished. He might however have to fight. But I think he would win.

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His job is out of the company. They may not even request he stays we just wondered where we stood with it all if they did, it’s all very stressful. Thanks

[gp200ts1]

Originally Posted by Andybear

Not all companies have unions.

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You are in the union, not the company. The company doesn’t have to recognise the union but they cannot stop you being in one or stop the union representing you in any legal case.

[Andybear]

Originally Posted by gp200ts1

You are in the union, not the company. The company doesn’t have to recognise the union but they cannot stop you being in one or stop the union representing you in any legal case.

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I work for a firm of solicitors and since you know a lot about unions please will you tell me which one I can join. I'm being serious here, there are reasons.

[scoobydooby]

Originally Posted by Andybear

I work for a firm of solicitors and since you know a lot about unions please will you tell me which one I can join. I'm being serious here, there are reasons.

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Have a look at the GMB. Most Unions require a period of membership before they represent you. That’s rightly so given most of us pay into their services for whole careers but never use them.

[Guest]

Originally Posted by mariechez

His job is out of the company. They may not even request he stays we just wondered where we stood with it all if they did, it’s all very stressful. Thanks

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In a legal nutshell this is where he stands. Assuming he has a redundancy notice letter, it is irreversible without his agreement. If he is offered a job during his notice period he cannot turn it down unreasonably (it is irrelevant whether it is a “reasonable” job offer, the ball is out of their court now). Having another job to go to, whether permanent or temporary, would be a very strong and “reasonable” reason to decline. All jobs are effectively temporary for the first two years.