advice needed redundancy on sicknes time

[violet.o]

Hi

Long story but need some advice, my husband had a accident at work, he has got some problems with his back muscular, was around 4 week sick when receive a letter from employer about possibility of redundancy soon he would get answer. They point in my husband and one of other employer who are in risk to lost job (going to choice one of them). My husband is polish and the other guy Negro, rest of employer is English. My husband can be paid up to 9 weeks sickness from employer, but he is feeling better now. I have credit focus and I found about credit history from my husband employer and they have got really very good credit history.

Can they make my husband redundant when he is sick? What about redundancy and good credit history? What would you advice me to do? Shell I ask my husband to pretend then he is still sick? Should he go back to work? He have got an interview to new job tomorrow, can he start working for new employer when he is still on sickness?

Please help

[MARTIN3030]

So is he sick or isnt he ???????

Redundancy has nothing to do with credit history-do you mean work history (his good record ?)

[MARTIN3030]

Ok Violet I see that you are Polish and so may have a little difficulty in explaining all.I think one of our better experienced persons here will help.

 

Zapraszamy do konsumenta działania grupy. Pozwala nadzieję możemy pomóc.

[MARTIN3030]

Please be a little patient as is late time now,but someone will answer as soon as they can.

[violet.o]

well he has got back muscle problem but its bit better now he is on co-codamol tablets (codeine) ma by thats why doesn't feel big pain any more. he didn't go for interview for new job cos he is still sign off by doctor and he is waiting for physiotherapy. he just had his redundancy meeting last week and today he received a redundancy letter, but still don't know if everything is correct, some people are saying then he can not be redundant on sickens time other the he can. i thought then any company need to have trouble with credits and thats why they are or closing down or selection

[violet.o]

Ok Violet I see that you are Polish and so may have a little difficulty in explaining all.I think one of our better experienced persons here will help.

 

Zapraszamy do konsumenta działania grupy. Pozwala nadzieję możemy pomóc.

 

Thank you so much martin

[honeybee13]

Hello and welcome to the forum.

 

Could you give us an idea of what it says in the letter about redundancy please?

 

HB

[violet.o]

Redundancy

I write further to the consultation meeting that we had at SMS offices on Friday 23rd July 2010 to confirm that you are being made redundant.

At the meeting we discussed the situation with SMS, and I explained to you that redundancies will be made at the SMS yard within the next two weeks, in fact this is underway now. This is unavoidable because of the down turn in work at the SMS yard and the Hanson yard and is reflected across the whole of the shipping and repair industry.

As you know we had a meeting at the Hanson yard back on the 31st March 2010, when we discussed the lack of work coming into the Hanson yard. I explained then that if things did not change and work did not come in, that we would have to change the set up of the Hanson yard. We have had WXXX working at the SMS yard on the new Ferry so as to spread the little work at the Hanson yard further. The Ferry is due to finish any day now and redundancies throughout the SMS workforce is imminent. We have today issued a letter asking for voluntary redundancies, however in any event some workers will lose their jobs.

I appreciate that you did not fully understand the process that we undertook to come to the conclusion on your redundancy. I hope you now understand that this was because your contract was different than the workers at the SMS yard. Mr Williams and you were the only ones taken into consideration for redundancy at the Hanson yard because you both do the same job at that yard. TXXXX is a Forman and the other workers all do different jobs than you and Mr WXXXX.

Since you have been on sick leave and Mr WXXXX has been at the SMS yard there has barely been enough work for anyone at the Hanson yard, and no more work has transpired for the SMS yard even though I have done many quotations in the last few months.

Although you did suggest other works that you may be able to do ie: driving, even if I was able to insure you to drive the vehicles we do not need a driver.

If there was a way that I could avoid your redundancy I would, but there is no other positions available.

I have to confirm that as from Monday 26th July 2010 you have been made redundant and your last day of employment is Friday 30st July 2010. This will serve as your 1 week notice.

As you have less than two years service with SMS Ltd (including employment with Hanson) you are not entitled to any statutory redundancy payment.

You will be paid up until weekending July 30th , you have 7 days holiday outstanding and this will be included in your last pay.

I have to inform you that you have a right to appeal, but in the circumstances with the business cuts that are underway, I do not see any positive outcome from that.

If I hear of any work available I will let you know. I will provide you with a reference in due course and hope that you find another position soon.