Redundancy and no contract

[jaycee401]

It looks like my husband is facing redundancy, he has worked as a plumber for same company for 3.5 years but has no contract. He works a 40hr week. Since christmas work has gone down hill, and he has had short weeks here and there. Now there is no work at all although another employee (golden boy) who is a tiler come bit of everything is getting overtime at weekends whilst my hubby and another guy (joiner) are going short. this boss is renound for not paying redundancy money, when one lad come him to a tribunal, the boss got his mates to say this employee was a thief and liability so the poor lad lost his case. My husband keeps asking whats happening but the boss just says no work on so for past 3 weeks he has done on average 2 to 3 days, but we can't go on like this financially, so this week hubby has taken 2 days hol and will take 3 next week so as not to loose money, can anyone tell us where my hubby stands on this ... thanks

[pdq1]

Why not treat it as a blessing in disguise. Plumbers are in high demand and with his experience could become self employed. A bit of a wrench I know but one of my family in the building trade did just that as hasn't looked back. An advert in your local paper, not having to charge VAT to customers and the orders will come flooding in.

[buildersmate]

3 years of statutory redundancy pay doesn't amount to much, really, even if the worst happens.
Not having anything in writing in the way of a contract doesn't matter either - he DOES have a contract with his employer.
Your comment that he is taking holiday to avoid losing money is puzzling - this implies the employer is laying him off for short periods without pay when there is no work - is this the case?

[jaycee401]

Hi thanks for answers, yes he has been on short weeks now for 3 consecutive weeks, he has 2 days work next week then thats it. We can't afford for him to loose any pay thats why he's been using his hols. We have just read the govt website re laying off but the thought of another few weeks with only a couple of days pay is scarey. He is seriously considering going self employed, its just a couple of grand of redunfancy money would give us a bit of breathing space. He is presuming he will be made redundant but after reading about laying off he now thinks his boss will do this for as long as possible.

[jaycee401]

Can you claim any benefits whilst on short time?

[cathfromsaron]

if he has payslips he DOES have a contract, if unwritten!

but i like the self employment idea!

[buildersmate]

I trust that you've read this page.
http://www.direct.gov...arylayoff/DG_10026693

Laying off staff is allowed if one's contract permits it but you've already told us that your hubbie's employer has never given him details of his employment terms (that, by the way, is unlawful what this employer has done). That doesn't get the employer off the hook, though. The employer can lay staff off but not deny the wages - unless the employee agrees. There are some industries where there is a general rule that lay-offs are allowed but I don't believe the building industry is one of them.

If you hubbie wants to up the anti, next week if this happens he could just say 'no'. The employer then either has to pay him or declare redundancy - that must include the minimum redundancy plus notice. Notice should be a minimum of three weeks pay (one week for each full year of employment).
Doesn't sound like a good employer to be working for to me.

Just something to think about.

[jaycee401]

many thanks for your replies, very helpful and much appeciated and if your in Greater Manchester and need a plumber .... ;)

[tonywiltshire]

As has been said it looks like a blessing in disguise to escape from a not very good employer, there are plenty of them around. BM has given you all the correct information; your husband will only receive 3 weeks redundancy pay capped at £430 per week, an employer is under no obligation to provide work, just pay.

[jaycee401]

blimey just been on a benefits website to calculate how much hubby could get from income support, if i have worked it out right it would be more than he earns in a week working 40 long hard hours plus no council tax to pay!! whose the mugs going to work??? seriously, he wants to work and would go s/e rather than claim nut we couldnt believe what we could claim!! i must of done it wrong lol, i work 15 hrs each week, but we own a second property which we rent out (never sold it as it would not sell but rented out quite easily) the prop is worth £170k mtg is £120k so one of the questions is how much capital do we have on any property but main residence, so do I put the £50k even though the rent just covers the mtg and insurance? If so then we can claim nothing!