Question about redundancy.

10000maniacs

A friend of mine was made redundant a few weeks ago.
Everything including the leaving date was verbally agreed on.
Now suddenly something has come up and my friend is required for another four weeks, but he wants to leave the company on the previously agreed date.
He has been told that if he leaves on the previously agreed date, he will have resigned and will lose the redundancy package. Where does the law sit on this scenario?

Kobie

Sounds like they're taking the piss. They probably didn't give him a fixed date because they reckoned they might want him after all.

Not sure there's anything he can do. Does a verbal agreement amount to anything? I can't see his heart being in his work for the 4 weeks. I'm all for instant dismissals with a couple of weeks pay - initially it's a jolt to the system, but it really cuts out all the crap.

Anyway, if he resigns won't he have to give a few weeks notice anyway?

silverside

by law they dont have to give him anything more than statutory redundancy, which isnt much, if they are making him redundant. If they are firing him, they only have to pay whatever notice is in the contract.

If he has nothing in writing, his only option probably is to do as they say, or walk and claim statutory redundancy. If he walks and they fail to pay statutory, he could claim it from a rights commissioner but this could take some time. If they claim they have dismissed him, he could put in a claim for unfair dismissal and claim something at an employment tribunal, but this would be drawn-out also.

I would stick it out, but make sure I got an agreement in writing immediately stating how much i would be paid and when I would finish.

10000maniacs

Originally posted by Kobie
They probably didn't give him a fixed date because they reckoned they might want him after all.

They actually verbally told him his contract was going to be terminated on June 4th eight weeks ago. Then last week he was told he was needed till July 2nd.
When he asked could he stick to the original redundancy agreement and leave on June 4th, he was told that in effect he would be resigning and would get no redundancy.

RicardoSmith

Could he claim unfair dismissal?

Dr. Dre

Something similar is happening in my work here in Dundalk, pretty much what Silverside says is true from what I've heard.

jongore

Same thing happened in my place while in closed down (Everyone was layed off over a 12 month period) ubless you get your RF1 indicating that you are being made reduntent or have a date on a wrtitten agreement your stuck.

If you leave without this you are eseintly quitting and are entitled to nothing.

Verbal agreements are only worth the paper their written on.