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Workplace Help Requested!

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Viewing 15 posts - 1 through 15 (of 20 total)
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  • #4257
    Maxilon 5
    Member
    • Total Posts 2432

    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:

    #101791
    cormack15
    Keymaster
    • Total Posts 8798

    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.

    http://www.acas.org.uk

    #101793
    Maxilon 5
    Member
    • Total Posts 2432

    Cheers lads. Will do both.

    I think I need to.;)

    #101796
    wit
    Participant
    • Total Posts 2155

    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>

    #101797
    Andrew Hughes
    Member
    • Total Posts 1904

    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.

    #101798
    Maxilon 5
    Member
    • Total Posts 2432

    Cheers Wit and Aranalde. ;)  

    The sites and advice are much appreciated.:cool:

    #101800
    Burroughhill
    Participant
    • Total Posts 1638

    Can you tell us what the dispute is at all?

    #101801
    Maxilon 5
    Member
    • Total Posts 2432

    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.

    #101803
    Maxilon 5
    Member
    • Total Posts 2432

    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

    #101805
    Drone
    Participant
    • Total Posts 5123

    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

    #101806
    Andrew Hughes
    Member
    • Total Posts 1904

    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

    #101807
    Maxilon 5
    Member
    • Total Posts 2432

    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

    #101810
    wit
    Participant
    • Total Posts 2155

    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.    

    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.  

    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.  

    <br>best regards

    wit

    #101812
    Maxilon 5
    Member
    • Total Posts 2432

    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?

    #101815
    wit
    Participant
    • Total Posts 2155

    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.  

    if neither of those work out, let me know and i can get other names.

    good luck.

    best regards

    wit

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