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Redundancy

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  • Redundancy

    Hi, was hoping you might be able to give me some advice.

    My partner was laid-off on the 10th May from a construction company because the business had no work he decided to ask for his redundancy after the 4 week period because he was told that this could be for an indefinite period and some people whom had been laid-off previously had still not heard anything after 6 weeks and still not asked to return back to work. However during the time he has been laid-off the company has put people who have never worked on the site before and also brought people back on to the site who had left to go on another job before he was laid-off to work on this site for normal working hours and also overtime can they do this or can my partner claim unfair lay-off/unlawful deduction of wages (I phoned Acas who said this was correct however after my partner phoned them they informed him that they could replace him - 2 different stories) is this correct?

    Also after receiving a letter yesterday saying they would give him his redundancy but with only one weeks’ notice pay, should this not be 12 weeks’ notice pay. People who had been made redundant previously have been given 12 weeks, he has asked the reason for not getting 12 weeks he was told that it is different circumstance as they are from Scotland and was more off them can they do this?

    Sorry that I have not explained myself very well, hope you get what I am trying to say.
    Thank you
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  • #2
    Re: Redundancy

    Your partner is not being made redundant - he is resigning, and asking for a statutory entitlement to redundancy pay. That entitlement does not include notice - his notice period is one week and that is all he gets, I'm afraid. If he wishes to proceed he now has a very limited period (three weeks starting from seven days after he asked his employer for redundancy) to resign and claim the redundancy payment. This has nothing to do with Scotland - it is the law of the land.

    I am afraid I agree with ACAS - there is nothing to stop the employer from bringing people from other sites to work on this site.

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