Employment Advice - Happy to Help!

Hi there

I've been asked to help out in these forums and am happy to do so wherever I can.

I do have legal qualifications, but I did not take the traditional solciitor/barrister career path, instead spending the early part of my career as an employment law advisor for two major national trade unions.

More recently, I have also taken on work advising employers on HR, employment law and employment relations matters. I am currently developing my own consultancy practice advising employers and employees on the whole range of HR and employment matters.

I have considerable first hand experience of the Employment Tribunal system, its practice and procedures.

I hope I can help wherever possible.

Regards

Jarndyce

Thanks for contributing to the forums Jarndyce.

Thanks Jarndyce !
I am also in HR Recruitment but was not aware with this. Thanks for contribution.

Hi, my boss has been made redundant who is a higher grade (and earns much more than me) and the speed of exit from the company was very quick. I have now been told to 'step up' and essentially i have replaced my boss - my question is...can they do this?

Well, they have done it! The questions are a) did they do anything unlawful and b) if so what can be done about it.

From your point of view, you have been promoted, congratulations! Are you being paid any more? Is your contract changing in any other way? Whilst you have the right to reject any proposed or imposed changes, you need to think through the likely consequences of doing so.

From your ex-boss's point of view, firstly, do you know that he was actually made redundant, and that that is not just shorthand for some other reason for his speedy exit? In any case, whilst he might conceivably have a claim if his dismissal or redundancy was carried out unfairly, what has happened to him has no impact on what happens to you - seems you either accept the post, and perhaps bide your time before asking for more money once they know you're up to it, or you refuse it, and put the ball back in their court - a risky strategy.

Hi Jarndyce,

I had a meeting today to discuss my profit share for my first 12 months employment finally after 15 months (10% of total company profit before shareholders dividends) which soon turned into a meeting where I was warned that I may be made redundant.

I was head hunted for the role (they were a client of mine) and took a £10k paycut / loss of car & pension to hopefully gain a £15k profit share (based on 2 previous years) but hopefully a lot more. In fact I was to gain 10% of the company but they changed it to 10% profit at the last minute! Although turnover has doubled the company has shown a small loss. However, a lot of money was taken forward for next year and anything can be proven with figures which I dispute. The company was a small Audio Visual company £400k years 1 and 2 but I brought fire and security installations on board and we gained SSAIB approval (for insurers and Police response) This year end £950k. 15 months ago there were 4 workers including 2 directors now there are 10. The engineers and technical director are not capable of filling my shoes (they literally have 15 months experience) and it is possible the SSAIB would not accept the company with this small amount of experience.

The fire and security section has made a loss (which was expected in the first year) but I am really the lead engineer, designer, admin, basically I do everything except accounts and the initial hard engineering. Other employees have had warnings, struggled with the work (hence the loss to be frank) yet it is me, the only person up for redundancy at this stage. They've stated that the fire and security section of the business took up 1.5 men for the year out of 3 engineers. Does this mean they should consider one of these engineers as redundant also if they are considering downsizing this part of the business.

The two directors recently had 5 days security training and think they can manage without me but realistically they do nt have the knowledge, in fact I don't see how they can do it without replacing me which I hoped could be an angle for a solicitor. They want the kudos of the accreditaion gained and do not want the embarrassment associated with losing it.

I also want to know where I might stand in terms of informing the governing body that they are not suitable to continue in terms of libel, I would have to remove myself from the role of "Security Manager" and 5 years experience is seen as a prerequisite they don't have without replacing me.

Sorry this was a long message, I'm not really sure how much you can gleen from my email. Can you offer any advice? should I have representative?

I feel I've been used by this company and now they've got every thing they want (I worked 7am to 6pm daily to get this up and running) they simply don't want to pay me the larger sum they enticed me with, especially next year where all the big orders have been deposited fot. Please let me know what you think.

All the best, Onkens

Hello, I'm not sure if this is the correct way to start a thread or ask for some advice, if not please point me the right direction!

My company ( a fashion company in london) are making me redundant but will not say exactly how many people are being made redundant. I know it is probably less than 20.

Previously the last round of redundancies were due to a franchisee taking over part of the casual wear business, this miraculously fell through after the people had left and I wanted a guarantee that this would not happen again (as yet another franchisee company from Italy is now taking over all of production, hence the reason why I am being made redundant)

I also have received nothing in writing and my meeting is on Wednesday. I was told last Thursday about the risk but I need to know what should have been said/provided before my meeting.

Any help would be greatly appreciated.



Thanks

Hi Jarndyce.

Not sure if I'm coming through the right way, but I am currently on 12 weeks redundancy notice and I have been told that I must use my outstanding 34 days annual leave as part of the notice. Therefore, how much notice pay will I receive.

Thanks

Karen

12 weeks! Obviously, since the notice period is 12 weeks you will get 12 weeks notice pay.

Admin - can we please lock these stickies - they get overlooked when people post to them instead of starting new threads.

If I understand this correctly you are saying you are required to work your notice, and have been asked to take your outstanding leave days during your notice period.

In that case your pay will not be affected. You will not receive 'notice pay' as such at all, you will be paid salary during your notice period, including for the days you are on annual leave.