UK Employment Law

UK Employment Law Questions Answered by Verified Experts

Ask an Expert,
Get an Answer ASAP!

UK Employment Law

Hi. My husband returned to work after 10 weeks sick leave

Customer Question
Hi. My husband returned to work...
Hi.

My husband returned to work after 10 weeks sick leave following having a heart attack, 3 days later he was put at risk of redundancy, the only person put at risk. The company has told him that his work can be absorbed by exisiting staff. This seems to strong argument on their part.

Problems, he was given only 24 hours to produce a counter proposal. we argued this as he had not been given an opportunity to ask any questions about the proposed new structure and about things that specifically relate to him, notice periods etc.

There are discrepancies with his notice period, his contract refers to the staff handbook, the staff handbook gives a notice period buy only states 'may'. When recruited he was under the assumption it was three months and the recruiting manager this week also confirmed he thought it was three months and his consultation letter said three months, they have now come back to say that it's just one month.

We have also indicated to them that we are considering following the grievance route due to the treatment he received whilst on sick leave. This included calls/emails not being returned by the line manager, no home visit at 4 weeks, no occ health. All inconsistent with treatment we know other staff have had.

We have been advised that the decision had been made to put him at risk three weeks before they told him, they allowed him to return to work for three days before notifying of the consultation.

The HR manager advised, informally, that there would be a compromise agreement, this now appears to have been withdrawn.

What can we do next, the trust and confidence in the employer has now gone so we want to go down the involuntary redundancy route with some sort of enhanced package. How can we and make sure he gets his three months notice?

Thanks
Submitted: 5 years ago.Category: UK Employment Law
Show More
Show Less
Ask Your Own UK Employment Law Question
Answered in 3 minutes by:
4/6/2012
Solicitor: Ben Jones, UK Lawyer replied 5 years ago
Ben Jones
Ben Jones, UK Lawyer
Category: UK Employment Law
Satisfied Customers: 48,765
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
Verified

Ben Jones :

Hello and thank you for your question, which I will be happy to assist you with. Please let me know how long has he worked there for?

Customer:

He started in October 2007

Ben Jones :

do you have the exact wording of the contract/handbook in relation to the notice period?

Customer:

yes, just finding it!

Customer:

'the firm may terminate your employment by giving you..... then it gives the breakdown for length of service... 'one week for each completed year of service for three or more years service.

Customer:

We also know that other managers in the firm are on a three month notice and it is standard for his type of employement. the partner that recruited him believed until yesterday it was 3 months

Ben Jones :

is his job unique or are there others doing the same job?

Customer:

it is unique to a particular department

Ben Jones :

so what evidence is there of a 3 month notice period, apart from what the manager l

Ben Jones :

believes or what the consultation letter states?

Customer:

unfortunatley that is the only evidence, there is the fact that every other manager in the firm are on three months though

Ben Jones :

ok that is unfortunately somewhat irrelevant because his notice period will be the one that is in his contract and that appears to be a week for each year of service. Unless he can provide further evidence that a longer notice period applied he would struggle to persuade them he is entitled to 3 months' notice. So whilst he can pursue this through the grievance procedure and perhaps try to get a compromise agreement, if these are rejected and he is made redundant, then his only option of taking this further is to make a claim for unfair dismissal

Customer:

Do you think it is worth pursuing a grievance for the firm's conduct whilst he was off sick, they failed to follow their sickness policy and ACAS best practice. Or do you have any advice as to how he should seek to negotiate a compromise agreement

Ben Jones :

yes, there should be no harm in doing so, you do have valid grievances. Advice on how to negotiate a CA can be difficult because it relies on the employer's consent and how they approach this or how they feel about this will affect that decision and it will be difficult to predict. He can initiate the discussions himself and state that whilst he would prefer a CA, he does feel that there are grounds to take this matter further should he be made redundant

Customer:

Thank you, XXXXX XXXXX advise that he should initiate this by sending a 'without prejudice' letter/email which states that he is willing go accept redundancy, we would want it to still be involuntary due to insurance policies, also letting them know in it that there has been discrepancies with the consultation process so far, sickness policy and potential administarion error with the notice period? Would we keep the breakdown of the specifics of his grievance out of any communication at this stage? Or would it be better to do this face to face or by telephone?

Ben Jones :

yes you may certainly do so. If accepted, the CA can mention the reason for dismissal and leave that as 'redundancy'. I would advise against conducting anything face to face or by telephone and keep things in writing in order to have evidence of your communications in case they are needed in the future. Of course if a meeting is needed, make sure it is minuted.

Customer:

What is reasonable to expect from a compromise agreement if successfully negotiated? Just to confirm, from the insurance side, is it possible for the CA to allow for involuntary redundancy to enable our mortgage protection to continue to pay out?

Ben Jones :

I can't comment on the insurance because that depends entirely on the cover and policy wording so you need to check that separately. As to a compromise agreement, as a minimum you are looking at what he would be entitled under contract, including redundancy, plus some compensation on top, which would usually be a few months' pay

Customer:

Thanks, XXXXX XXXXX you think we should consider at this stage?

Ben Jones :

stand your ground and do not be afraid to challenge the employer's actions, but no one can guarantee a successful outcome unfortunately so be prepared to take this further if necessary

Customer:

Ok, thank you. It's very frustrating, I used to be a solicitor but took a career change so lost my contacts! Thank you, XXXXX XXXXX help

Ben Jones :

aMy pleasure. Unless you need further help, I would be grateful if you could please press Accept before exiting. Many thanks and all the best.

Ben Jones
Ben Jones, UK Lawyer
Category: UK Employment Law
Satisfied Customers: 48,765
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
Verified
Ben Jones and 87 other UK Employment Law Specialists are ready to help you
Ask your own question now
Ask Ben Jones Your Own Question
Ben Jones
Ben Jones
Ben Jones, UK Lawyer
Category: UK Employment Law
Satisfied Customers: 48,765
48,765 Satisfied Customers
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'

Ben Jones is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks!

RickLeeds, UK

I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks!

Ms. BakerAlfafar, Spain

Thank you so much for your help. Your answers were really useful and came back so quickly. Great!

MaggieUSA

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!!

AlexLos Angeles, CA

Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult.

GPHesperia, CA

I couldn't be more satisfied! This is the site I will always come to when I need a second opinion.

JustinKernersville, NC

< Previous | Next >

Meet the Experts:

Ben Jones

Ben Jones

UK Lawyer

48,765 satisfied customers

Qualified Employment Solicitor - Please start your question with 'For Ben Jones'

Jenny McKenzie

Jenny McKenzie

1,919 satisfied customers

10 Years of experience in Employment Law and HR

UKSolicitorJA

UKSolicitorJA

Solicitor

390 satisfied customers

solicitor

John Knox

John Knox

Solicitor

72 satisfied customers

Solicitor and Advocate

Kasare

Kasare

Solicitor

35 satisfied customers

LLB (Hons)

Buachaill

Buachaill

Barrister

23 satisfied customers

17 years experience

INC

INC

Solicitor-Advocate

22 satisfied customers

LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)

< Previous | Next >

Related UK Employment Law Questions
Where do I stand in respect of claiming back unpaid overtime
Where do I stand in respect of claiming back unpaid overtime and holiday payments that are contrary to the terms and conditions that I carried over a point of transfer. … read more
Ben Jones
Ben Jones
UK Lawyer
48,765 satisfied customers
Can an employer go from a counseling session with a employee
Can an employer go from a counseling session with a employee and then go to a final warning . Also can they demote someone and deduct 9k from they're wages .… read more
Jenny McKenzie
Jenny McKenzie
Vocational, Technical or Trade Scho
1,919 satisfied customers
My husband worked for a company for 10 months but it was
For Ben Jones My husband worked for a company for 10 months but it was going nowhere so he gave his notice into the company his wage for this was £25.000 pa The owner then offered a job on a self empl… read more
Ben Jones
Ben Jones
UK Lawyer
48,765 satisfied customers
Do I have the right to refuse using a thumb print method of
Do I have the right to refuse using a thumb print method of clocking in … read more
Ben Jones
Ben Jones
UK Lawyer
48,765 satisfied customers
I have worked for my company for 11 years 5 of which have
I have worked for my company for 11 years 5 of which have been a manager. We have missed one quarters targets my boss has told me he doesnt want me to manage my branch anymore as he beleives I have ta… read more
Jenny McKenzie
Jenny McKenzie
Vocational, Technical or Trade Scho
1,919 satisfied customers
I have been accused of falsifying my time sheets and
Hello, I have been accused of falsifying my time sheets and fraudulently claiming money for times that I have not worked. It was during a period of 11, 12-14 hours night shift (I usually work days, bu… read more
Ben Jones
Ben Jones
UK Lawyer
48,765 satisfied customers
I am employed by a large online design agency in India (I am
Hi, I am employed by a large online design agency in India (I am in the UK) and am experiencing harassment and bullying. Is there anything that can be done legally, as I am losing my job due to this. … read more
Jenny McKenzie
Jenny McKenzie
Vocational, Technical or Trade Scho
1,919 satisfied customers
Can you assist. I was recently dismissed by my employers for
Good morning. Please can you assist. I was recently dismissed by my employers for alleged gross misconduct with payment in lieu of notice (PILON), but I was never invited for or had an investigation m… read more
Jenny McKenzie
Jenny McKenzie
Vocational, Technical or Trade Scho
1,919 satisfied customers
Whether the graduate jobs in UK are available to only the
Whether the graduate jobs in UK are available to only the specific graduates from the certain field?… read more
Ben Jones
Ben Jones
UK Lawyer
48,765 satisfied customers
I have just started to work in an hotel three days ago but
I have just started to work in an hotel three days ago but do not wish to carry on working there. Actually, I intend to give them a resignation letter tomorrow. I haven't sign any contract nor documen… read more
T_Graham12
T_Graham12
Bachelor's Degree
36 satisfied customers
I need some advice on my notice period. I intend to give my
no. I intend to give my bosses my letter of resignation on Monday 4 december. In my key terms of employment (i never signed a contract) it says i need to give 4 weeks notice period. … read more
Ben Jones
Ben Jones
UK Lawyer
48,765 satisfied customers
I have been suspended for shouting at a patient and accused
Hi I have been suspended for shouting at a patient and accused of having my hand risen to slap him when in fact it was in defence as the patient hd just hit me.. A manager walkd in to the room at that… read more
Ben Jones
Ben Jones
UK Lawyer
48,765 satisfied customers
I was sacked at the very end of my trial period and then
Hi. I was sacked at the very end of my trial period and then received no wages, I issued a claim through a small claims court to retrieve the money owed and this was ignored by my ex employer. A judgement was then entered against him and he has issued an N244 form, denying that the judgement should be in his name. I have been given a notice of hearing which occurs next Thursday but have strong objections to his statements and the details he has presented in support of his application. I wish to present my case but don't know how to go about doing so... … read more
Jamie-Law
Jamie-Law
5,079 satisfied customers
My employer has just introduced ssp, previously all
Hi my employer has just introduced ssp, previously all employees were granted up to six days paid leave, before any bonus was deducted from pay. Due to what they term as abuse and staff seeing the six… read more
Jenny McKenzie
Jenny McKenzie
Vocational, Technical or Trade Scho
1,919 satisfied customers
If there is a incident out off work time with a colleague
If there is a incident out off work time with a colleague that is nothing to do with work can there be an investigation into this by the companyor HR.… read more
Jo C.
Jo C.
Barrister
Master\u0027s Degree
37,511 satisfied customers
What is the minimum break period required by law between
Hi what is the minimum break period required by law between seasonal contracts before the worker is considered permanent … read more
Ben Jones
Ben Jones
UK Lawyer
48,765 satisfied customers
I need some help i have a clause in my employment contract
I need some help i have a clause in my employment contract which states this: … read more
Ben Jones
Ben Jones
UK Lawyer
48,765 satisfied customers
I am currently facing a disciplinary hearing for gross
For Ben Jones,I am currently facing a disciplinary hearing for gross misconduct at work. The charges are unjust and there are mitigating factors. But it would be difficult for me to defend myself as i… read more
Ben Jones
Ben Jones
UK Lawyer
48,765 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x