Advice on being made redundant

Bengaboy

Bengaboy

Bengaboy

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I don't know who to ask really , as I work in the military - my employment laws are for the most part different than normal procedures.

Long story short - wife is being sacked for no reason , other than she works from home. All of the other home workers have also been sacked. She is one of the top performers, so it isn't anything like a performance issue or gross misconduct.

Is it a valid reason to sack someone as they want to get rid of all the home workers? It may well be - but it seems a bit unfair and I am a bit lost as I cannot ask my employer what they would do as it would be different.

Any help is appreciated!

EDIT:

Sorry - maybe a bit light on the details.

She has been employed for 1.5 years on a permanent contract.

Apparently she has been made redundant as the job position no longer exists - however the same job exists in the office. So that is not true.

She has not been sacked - rang me in an emotional state, and that's what's she said. On the phone to citizens advice bureau now to see if they can advise.
 
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Is she a contractor? If so then they can get rid at any time.

If she has a permanent contract and purely based on what you have said then it’s an easy claim for unfair dismal.
 
Bit light on the details.

Definitely being sacked rather than made redundant?

I'd be amazed if they are sacking people purely because they work from home - opening themselves to big legal problems.

What does your wifes contract say regarding her location of work? i.e. if it's an office location and she's been able to work from home on merit, then they could insist everyone returns to office location, and those that are unable to are made redundant etc.

How many in the team, and how many are being sacked?
 
Sacked? No
Job role made redundant? Yes

Given the latter, they really only have to prove that they’re doing it to everyone and there’s not a lot you could argue with.
 
How long has she worked there? Needs to be 2 years before you can claim unfair dismissal.

Check house contents insurance, often includes family legal protection and talk to a solicitor, initial consultation is usually free.
 
Is she a permanent employee or is she a temp or a contractor?

If employee then is she actually being sacked or is she being made redundant?
 
Apologies about the lightness in details - updated the original post.

She hasn't been sacked. Been made redundant even though the job still exists in the office. She's a bit emotional so maybe not telling me everything exactly correct.
 
Bengaboy said:
Apologies about the lightness in details - updated the original post.

She hasn't been sacked. Been made redundant even though the job still exists in the office. She's a bit emotional so maybe not telling me everything exactly correct.
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Understandable. Even though its MOD, it's still employment law as she'd be an employee rather than a signed up servicewoman. Speak to CAB/employment lawyers.
 
Would have expected her to have been offered to change her location of work, but it might be they aren't looking for any further capacity in the office.

I don't think she has much ground here but I'm no expert, just get on the job hunt ASAP would be my advice.
 
Unfortunately as she has been employed less than 2 years they can dismiss her for any reason (except race, sex etc).

It might be worth posting on the MSE Employment section, but you will most likely get the same answer.

Sucks :(
 
Bengaboy said:
Been made redundant even though the job still exists in the office.
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Well it is the job that is made redundant rather than the person, do you mean there are still people doing that job (only fewer of them now) or do you mean the job, as in her job, will still exist but will be done within the office?

She can speak to CAB about general advice re: redundancy, employers do have certain things they need to do - she's not being sacked. If it seems like they're not following the correct procedures it would be best perhaps for her to speak to an employment solicitor for an initial consultation, simply getting a solicitor to take a look at the situation and write a letter pointing out that they're not doing things correctly - proper notice, paying her correctly, offering alternative positions(?) etc.. could well get them to take notice and at least change the way they're doing things if not actually offer her something job wise or pay her off with a bit more $$$.
 
koolpc said:
You in military, she work from home. Anything you not telling us? :p
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Winston does a superb job of looking after her when I am deployed.

ivrytwr3 said:
Unfortunately as she has been employed less than 2 years they can dismiss her for any reason (except race, sex etc).

It might be worth posting on the MSE Employment section, but you will most likely get the same answer.

Sucks :(
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dowie said:
Well it is the job that is made redundant rather than the person, do you mean there are still people doing that job (only fewer of them now) or do you mean the job, as in her job, will still exist but will be done within the office?

She can speak to CAB about general advice re: redundancy, employers do have certain things they need to do - she's not being sacked. If it seems like they're not following the correct procedures it would be best perhaps for her to speak to an employment solicitor for an initial consultation, simply getting a solicitor to take a look at the situation and write a letter pointing out that they're not doing things correctly - proper notice, paying her correctly, offering alternative positions(?) etc.. could well get them to take notice and at least change the way they're doing things if not actually offer her something job wise or pay her off with a bit more $$$.
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I mean her job will still exist but in the office. The letter of termination also states "following from a meeting with me and blah blah held today, this letter confirms our decision to terminate your employment". No meeting happened, we are in seperate parts of the country. Can we get them on this technicality or clutching at straws?

Also CAB seems to be useless when trying to get on the phone with them!

Again, if there is nothing that can be done, we can accept that - but I would like to try and do something if possible.
 
Bengaboy said:
I mean her job will still exist but in the office. The letter of termination also states "following from a meeting with me and blah blah held today, this letter confirms our decision to terminate your employment". No meeting happened, we are in seperate parts of the country. Can we get them on this technicality or clutching at straws?
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If it has been less than 2 years I think you might be out of luck, I'd still perhaps try the CAB though.

Also ref: Winston

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