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Hi all,
Got a dodgy situation at work. Very dodgy.
I wonder whether any forumites know of a good online legal site which deals with topics such as constructive/unfair/illegal dismissal, redundancy, restructuring etc.
I could google it, but you guys might have a good runner and I’m running out of time.
I could go and see a brief – and I probably will do – but I want to do some research first. If anyone can help, I’d be grateful.
Cheers
Max:cool:
Maxilon – Acas offer a range of free services to both employees and employers. Give them a call and they will discuss your situation, offering impartial and very good advice.
Hi Max
To save you a PM, the best legal stuff online is on a subscription basis.
There is the odd interactive free site:
http://www.direct.gov.uk/Diol1/Employme … chk=fjnHPU
but really for a "value" approach on a specific problem, apart from Corm’s ACAS suggestion, I’d head to the CAB as a first point of call, and an employment lawyer thereafter.
Most importantly, don’t let things drag because there are quite tight time-limits for taking things to a tribunal.
best regards
wit<br>
If you are in a union, your union rep would usually be the best starting point.
Wit is right to point out that there are tight time limits for raising what is known as a ‘grievance’. Your employer should ensure that your contract reflects the law, but this often isn’t the case.
If you aren’t in a union, then the CAB is indeed the way to go.
I could do, BH, but I don’t want to bore anyone with my woes. :biggrin:
But in 100 words, the company I work for was taken over in February by another. A large national. I have a decent position on extremely decent pay; an enviable job in many ways.
Now, the powers that be have decided to restructure and have made my job title/role redundant. They appear to have followed due procedure (thanks to some of the info I recieved here).
I have the opportunity to apply for up to 12 new roles, none of which are as good or as well paid. Or suit my precise knowledge. Unfortunately, I have only been at the company for 10 months which is not good, it seems, when it comes to rights. They owe me a share of a large bonus which they are withholding for reasons which are unclear.
And that’s it, thanks for asking.:biggrin: A fairly common and mundane tale.
For anyone who responded to -or at least read – this post, I was made redundant today. I applied for another position in the new company but failed to succeed. My new boss and I did not see eye-to-eye about stuff and I’m not slow to voice an opinion. She was on the panel, so I was pretty much bolloxed from minute one.
As I have only been at the company for 10 months, my "at risk" status does not qualify me for an employment tribunal even though there were at least three anomalies in the interview which should have been investigated.
I’m surprised at how few rights there are before 12 months. Oh well…looks like the world of racing has another professional punter:biggrin:
Cheers
Max
Quote: from Maxilon 5 on 4:39 pm on July 25, 2006[br]<br> Oh well…looks like the world of racing has another professional punter:biggrin:
Just in time for Goodwood Max. Good luck
As far as I’m aware, the right to a full grievance procedure, leading to an employment tribunal is available to all employees, part-time or full-time, no matter how long you have been employed. If the company has told you can’t go to a tribunal, I would take that with a large pinch of salt and seek alternative advice.
If you do intend to go down that road, you should act quickly though as I believe there are time limits in raising a grievance
Thanks for the sentiments, Grasshopper and drone. Ill survive, just full of bitterness. Not quite on the scale of the Peugeot workers in Coventry, but near.
Aranalde, it was ACAS who informed me about the rights. I might ring up one more time tomorrow to talk to a different operator.
Cheers
Max
Max,
Please, please don’t try to work out your employment rights position on your own by using general sources of information.
You really should sit down with an experienced employment lawyer and get him/her to analyse your position in detail.
General sources like ACAS are helpful, but they give mainstream guidelines.  ÂÂÂ
You would be surprised what a savvy employment lawyer experienced in tribunal work can do to build a case, whether based on your contract or by threatening the  employer with a claim. ÂÂÂ
OK, so on the statutory side you’ve maybe not got the qualifying 12 months for unfair dismissal, but that is not necessarily needed if you can show that certain things may have been taken into account that ought not to have been in choosing you rather than someone else.  Discrimination can come in unlikely forms for example….
<br>However bad you feel now, I guarantee you’ll feel a lot worse if – after the very short time for making a claim has passed – you find that you might have had a basis for fighting / making enough of a nuisance of yourself to get an improved offer, had you just spent a few hundred quid checking the detail with a specialist.
Actually, if your employer is looking to do any kind of deal with you regarding a senior position, its normal for them anyway to agree to pay a few hundred quid for you to get independent legal advice on the deal they’re offering.  This is because they know you could otherwise have scope to renege.
If you let me know where you’re based, I could try  point you to a nearby specialist who must be worth at least a preliminary phone call. ÂÂÂ
<br>best regards
wit
Wit,
Thanks a lot. :biggrin:
I live in Southwell, just outside Nottingham. Can travel.
Everyone moans and groans with redundancy, but I do know that my colleagues are shocked and bemused and suspect there is more to this than meets the eye.
As my offer is precisely nil, (with the exception of notice), I have nothing to lose, have I?
Max
In Nottingham I would try:
a.  Richard Hutchinson (0115 959 9700)
http://www.richard-hutchinson.co.uk/ind … alservices
or
b.  Paul Brill at Andersons  (0115 947 0641)
http://www.andersonssolicitors.co.uk/in … entlaw.htm
They will ask who your employer is to make sure they aren’t acting for them and so conflicted out.
Otherwise tell them you’ve been told you’ve been made redundant from a senior position after a takeover in circumstances that leave you uneasy, even recognising that you’ve only been there 10 months, and would like advice. ÂÂÂ
if neither of those work out, let me know and i can get other names.
good luck.
best regards
wit
Wit, thanks for your effort and time. It is much appreciated.
I shall spend today thinking about it and call tomorrow. I am on notice till August 24th so I have time to cover all the angles. I have to go into work tomorrow to hand over my laptop and mobile phone, so Ill get the feel of the wind then.
There is a part of me that just wants to move on and forget the whole thing. That’s often the best way, let time heal the wounds.
Another part of me wants to cause some serious irritation (at least), to the MD.
I dunno. I’m teetering by the hour; first one way, then the other. (I suppose this is normal, according to the Kohler-Ross model, for any Psychologists out there:biggrin: ).
Thanks again. :biggrin:
Max
Sorry to hear you were made redundant, Max.  Good luck on having some comeback on your firm.
Cormack beat me to it with the suggestion of ACAS – they are an offical body for dealing with employment grievances and personally I would always go to them for advice and more.  I’m surprised that they said you have no comeback – I’d ring again and speak to someone else, as you mooted earlier.  Around 2000 I had employment grievances after I resigned from a position (after an accident that happened at work & left me hospitalised then off sick for a month) and my ex-employer refused to pay my notice, or the holiday monry he owed to me.  ACAS were prepared to take him to court for me but stupidly I declined in the end as the industry I was working in was a very small one and I didn’t want to burn any bridges – not to mention that it was a very emotional time for me then as I was suffering the after-effects of a serious head injury.  I had also found employment straightaway so I didn’t want to make life difficult again.  It is a decision I regret to this day though – I really wish I had the bottle at the time to get the book thrown at the creep!
Good luck with whatever you decide. :)
(Edited by Shadow Leader at 2:57 pm on July 27, 2006)
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