My husband has been made redundant?

Question

My husband has been at his employers for 5 and half years. He was told today that he was to be made redundant. He knew redundancies were to be made in his dept. There are 17 people in his dept in total. We thought he would be safe as he is good at his job. He works hard, always does overtime and is very conscientious. Anyway, we are understandably completely gutted.

Thing is, they made redundancies a couple of years back and the company decided on this girl, who happens to be deaf. She is absolutely c**p at her job, is hardly ever in and is always making mistakes - which has nothing to do with whether she can hear or not. Anyway, she turned it all around and got them to retract it claiming they were only getting rid of her because she was deaf. So does this mean my husband has been a victim of "positive discrimination"? So, because he can hear, they feel they can get rid of him over her, whereas because she is deaf they are frightened incase she threatens to sue them again. Does this make sense? Does he have a case with the citizens advice do you think? He has proof she is worse at her job than he is. Sorry this is so long, thanks for your patience and your opinions. UK answers only please. xx

Answer 1

Google CAB & go see 'em

Tell http://www.dailymail.co.uk

http://www.guardian.co.uk

http://www.independent.co.uk

http://www.telegraph.co.uk

http://www.metro.co.uk

Many in UK are fed up of 'PC' & want a return to merit-based choices

If nothing else, showing such True Brit Grit should get him an offer of a better job

& a lot of friends

Answer 2

Oh how sad for you both! I don't think there is much you can do. she'll only get away with it again. Good luck

Answer 3

Hmmm.... but they could twist this round.

Answer 4

No, you do not have any kind of case.

Firstly, employers do not have to justify why they are selecting certain people for redundancy, and they can choose whoever they want to go.  Therefore provided that all legislation has been complied with regarding his redundancy, the employer isn't in the wrong.

Redundancy should never be related to performance.  If the deaf girl really is that bad at her job then this should be dealt with as appropriate.  But just because your husband is better at his job doesn't mean that he should be safe.  There could be all sorts of reasons why they chose to get rid of him.  The most likely reason is that he's on a higher salary - usually the higher paid people go first.  Also, many companies operate a last-on, first-off policy.  It could also depend on what projects/clients he is currently dealing with, and if other staff members needed to be retained instead of him to ensure that there was continuity for other projects/clients.  Basically, there could be any one of a billion reasons why they picked one person and not another, but performance should not come into it.

The other thing is, because this girl was threatened with redundancy two years ago and was reinstated, it's very hard to argue that this would have any bearing on what has happened right now.  Two years is a long time.

Answer 5

Well let me tell you i feel for you and your husband the thought of redundancy's worries the life out of me,Go for it why should it work for some people and not others good luck to you both

Answer 6

I don't think he'd have a case unfortunately.  You should ring ACAS not the CAB; they deal with employment law.

Answer 7

If your husband works in a `unique` job in the department and that position has disappeared, he may be unlucky.  If however he does the same work as the other people the employer must have a fair process for selecting who is to be made redundant and there must must been some consultation.  

They also must have complied with their own redundancy policy.

I suggest the following:

1] Appeal against the redundancy dismissal ASAP

2] Ask to be provided with the company redundancy policy  and selection criteria before the appeal hearing

3] Ensure that your husband is accompanied at the meeting by a colleague or union rep.

The fact is that a redundancy is still a dismissal and if they have selected in an unfair way they will be liable.  With more than one year`s servive he has the right to go to Employment Tribunal if treated unfairly.

On the face of it, it sounds `dodgy`.

Good luck!

Answer 8

i really feel for ya losing a job is very stressful especially with the cost of living,

make an appointment with citizen advice they will tell you if you have a case or not

Answer 9

You are basing the CURRENT companies redundant decision about your husbands employment on an event that took place years ago. Companies needs change with time and regardless of what happened in the past it has no relevance on the present circumstance. Nor will it hold up in a court of law after 2 years. She is also disabled, so she is protected by different laws than your husband but still you have no proof that CURRENTLY this is why your husband lost his employment. It is just a theory. Your focus needs to be on circulating your husbands CV and helping him to find a new job...not grabbing at straws for blame.  

Answer 10

Hi,sorry your husband has been made redundant.Your husband

will need advice however i think what happened with the girl will not be considered.

good Luck

Answer 11

he would need to go and see an employment law solicitor if he feels he has been unfairly dismissed or redundant then again it could be a good thing maybe he could retrain for something he has always wanted to do but i would go and see a solicitor and see what they say

Answer 12

Sorry, but move on.  They probably are letting him go because he costs more to do the same job as someone who hasn't been there are long.  Either way, it is the company's choice.  Someone else may be worse at their job, but that's the way it goes.  Hopefully he can get a glowing recommendation from his previous employer for his next position.  But why would he want to stay if everyone knows he is only there because he fought it and the company didn't want the lawsuit?

I fhe has proff she is horrible at her job, he needs to present it to HR to give them what they need to be able to let her go without her being able to sue.  

Answer 13

I don't know about this particular situation....,

But it makes me wonder if the company isn't getting money from some 'Deaf Fund' or something to get cheap labour that way. Or is just using an in the 'Public eye'  great way to create a 'Politically Correct' (read: 'Sneaky') way to make people redundant'. Making people 'redundant' while looking as a really 'Humain'

company on the outside that way.  

   'You could ask yourself the question

    if being 'Right' or fighting 'The System'

    is the best way to get the results

    that make you Happy'.

Maybe I am just not the very 'Obedient-type' (and also am an 'Entrepreneur' with my own 'Happy Home Business') but,

If I worked at a company where 'I alway's do overtime', It probably wouldn't make me to Happy.

So I wonder if that company is very respectful, If it's a company I would like to continue to work for, because  even If I would win 'the Battle' I wonder if It would also win me 'the War?'  

All the Best,

To your Happy Inspiration,

HP

http://hpshappy.blogspot.com

http://hpshappyhomebusiness.blogspot.com

Answer 14

I think it must be worth a visit to the Citizens Advice because at least that way you'll know if you have a case, especially as he has proof. However I wouldn't put the job hunting on hold just in case the outcome isn't what you'd like. I got made redundant at Christmas so I know how you feel. Luckily I got some employment agencies straight on the case and I ended up with a better paid job so I hope t works out as well for you.