redeployment and notice

Page 1 of 2 12 LastLast
  1. #1
    lee58uk lee58uk is offline Junior Member
    Join Date
    Jan 2012
    Posts
    7
    Thanks
    0
    Thanked 0 Times in 0 Posts

    Default redeployment and notice

    hi
    I was told on Tuesday 24th that i had been selected for redundancy, had meeting friday 27th to see if i had any ideas to save my job, needless to say other than pulling a gun i wasnt going to change there mind.

    i work as a electrical estimator 34k, trained up a young bloke who is on 11k, and was told there are 3 electrical and 2 mechanical estimators and they need to reduce the dept which is very busy.
    the 3rd electrical estimator is the manager so i only left me as the option.

    they have offed me a job back on the tools as an electrician 27k yr and offer of my job back if it picks up i doubt it would for a year!

    and i would need to go over to the other job this Wed 1st Feb, i get paid this week 31st monthly paid then go over to lower paid job weekly!

    if i take redundancy they said i can have a months wage and 3 weeks at 400 week tax free, as i have worked here for 3 years

    or go to new role no notice???
    i spoke to Acas and they said im intitled to my notice period. are they wrong or is my boss?

  2. #2
    SarEl's Avatar
    SarEl SarEl is offline Expert Advisor
    Join Date
    Sep 2010
    Location
    North of Watford
    Posts
    4,716
    Thanks
    4
    Thanked 733 Times in 694 Posts

    Default

    Technically both are - you're entitled to te notice period before starting a suitable alternative role. Of course, if that role suddenly becomes unavailable in a sudden review of whether they need the job or not... This is the real world, and sometimes it doesn't work out in practical ways the way the theory works. How far are you willing to risk having a job for the difference between the wages for a few weeks v. the risk of being made redundant and having no job. That is the real world decision I am afraid.


    Employment Advice / About Me


    (Any employment law and legal advice I submit to Redundancy Forum is given in good faith without any further liability or obligation).

  3. #3
    lee58uk lee58uk is offline Junior Member
    Join Date
    Jan 2012
    Posts
    7
    Thanks
    0
    Thanked 0 Times in 0 Posts

    Default

    i think your right and i will have to suck it up. but if they give me a new contract that says im on a 3 month probationary period and and after say 6 weeks do i lose my redundancy, and be terminaited with no notice?

    Acas said if you dont like the new job, how can you leave right away, with out working or pilon notice

  4. #4
    SarEl's Avatar
    SarEl SarEl is offline Expert Advisor
    Join Date
    Sep 2010
    Location
    North of Watford
    Posts
    4,716
    Thanks
    4
    Thanked 733 Times in 694 Posts

    Default

    Ah excellent. I was worried for a second there. ACAS so seldom get the law even nearly correct that your first post confused me as to whether you had rung the wrong number. My faith in them is now restored to it's usual level - exceedingly low. If you have specifically agreed (in writing please) that this new position is a four week work trial then you may decide to turn it down during the four weeks and retain the right to redundancy pay providing the refusal of the offer is for good reason. If you are thinking of doing that, come back and check it out here before you do. But you cannot leave until your notice expires and you certainly can't just finish on the spot.

    Yes, you are correct that they could later dismiss - but any probationary period is meaningless in law. The dismissal would have to be fair, probation or not, because you have enough service to claim unfair dismissal - most probationers do not because they are new to the employer.


    Employment Advice / About Me


    (Any employment law and legal advice I submit to Redundancy Forum is given in good faith without any further liability or obligation).

  5. #5
    lee58uk lee58uk is offline Junior Member
    Join Date
    Jan 2012
    Posts
    7
    Thanks
    0
    Thanked 0 Times in 0 Posts

    Default

    Quote Originally Posted by SarEl View Post
    Ah excellent. I was worried for a second there. ACAS so seldom get the law even nearly correct that your first post confused me as to whether you had rung the wrong number. My faith in them is now restored to it's usual level - exceedingly low. If you have specifically agreed (in writing please) that this new position is a four week work trial then you may decide to turn it down during the four weeks and retain the right to redundancy pay providing the refusal of the offer is for good reason. If you are thinking of doing that, come back and check it out here before you do. But you cannot leave until your notice expires and you certainly can't just finish on the spot.

    Yes, you are correct that they could later dismiss - but any probationary period is meaningless in law. The dismissal would have to be fair, probation or not, because you have enough service to claim unfair dismissal - most probationers do not because they are new to the employer.
    there is no writen agreement, its a case of being told im out of a job, 1 week later start a new posistion. alot lower rate, the only possitive for me is a get a lower paid job, no time cancil things like Sky tv, broadband, insurances Etc. they all want 1 months notice.
    i thought a the least i would be entitled to 1 months notice. and work it, if they didnt want me in the office then pay me the month and i could start work the next day, i know this must sound ungrateful. but it all seems so quick.

    Am i right thinking that because they have offered me another posistion in the company, be it lower paid and change of status!, that they can ask me to start 1 week after first telling me my job is at risk, and to except no notice period, unless i take the redundancy offer.

    And that i am now not being made redundant but redeployed and agree to thier terms so entitled to nothing

  6. #6
    lee58uk lee58uk is offline Junior Member
    Join Date
    Jan 2012
    Posts
    7
    Thanks
    0
    Thanked 0 Times in 0 Posts

    Default

    I should just listen to your first answer !! i could go back and ask for better terms but risk being worse off with no job so any money i do make would be spent job seeking!!

    i just feel really burnt at the moment, oh well thier are people alot worst off still!!

  7. #7
    SarEl's Avatar
    SarEl SarEl is offline Expert Advisor
    Join Date
    Sep 2010
    Location
    North of Watford
    Posts
    4,716
    Thanks
    4
    Thanked 733 Times in 694 Posts

    Default

    OK. They could not force you to accept this as redeployment - but you've grasped the risk of refusing. You will end up redundant and that isn't an improvement for you. As I said originally, yes you have, to an extent, the law on your side. The problem is that the law doesn't help improve your situation one bit. This is the real world. Just remember that you owe your employer exactly what they have served you - the minimum the law requires.


    Employment Advice / About Me


    (Any employment law and legal advice I submit to Redundancy Forum is given in good faith without any further liability or obligation).

  8. #8
    lee58uk lee58uk is offline Junior Member
    Join Date
    Jan 2012
    Posts
    7
    Thanks
    0
    Thanked 0 Times in 0 Posts

    Default

    Quote Originally Posted by SarEl View Post
    OK. They could not force you to accept this as redeployment - but you've grasped the risk of refusing. You will end up redundant and that isn't an improvement for you. As I said originally, yes you have, to an extent, the law on your side. The problem is that the law doesn't help improve your situation one bit. This is the real world. Just remember that you owe your employer exactly what they have served you - the minimum the law requires.
    That is a fair point. today is my last day in the office, as they have not issued any written details of the new job, do you think it worth handing them a letter summarising how I understand the terms I.E.
    i accept their offer of a work trial, and decline to take the 3 weeks redundancy including the 1 month notice (PILON) which was not to be worked. and if the 4 week trail period does not work for both parties, then I am still able to accept the 3 months redundancy and 1 month PILON payment.

    if they make me redundant from the new posisition after 6 weeks say i would only get 1 weeks notice, losing 2.2k i know it risks souring things. If i don't i am worried that i could say i don't like the new job and they would say Tuff I want you to work your notice for 1 month on the tools

    I don't know i guess im brain storming here i know i will have to accept i can lose out but have some security on a job, the pressure of the short time scale to absorb all the options and risks is hard.

    and you right i would only have to give 1 weeks notice if i find another estimating job!

  9. #9
    SarEl's Avatar
    SarEl SarEl is offline Expert Advisor
    Join Date
    Sep 2010
    Location
    North of Watford
    Posts
    4,716
    Thanks
    4
    Thanked 733 Times in 694 Posts

    Default

    I would do no more than confirm you are willing to accept a work trial of 4 weeks in the job offered on the basis that you do not accept it is a suitable alternative position but are willing to give the job a go.


    Employment Advice / About Me


    (Any employment law and legal advice I submit to Redundancy Forum is given in good faith without any further liability or obligation).

  10. #10
    lee58uk lee58uk is offline Junior Member
    Join Date
    Jan 2012
    Posts
    7
    Thanks
    0
    Thanked 0 Times in 0 Posts

    Default

    Quote Originally Posted by SarEl View Post
    I would do no more than confirm you are willing to accept a work trial of 4 weeks in the job offered on the basis that you do not accept it is a suitable alternative position but are willing to give the job a go.
    i like your wording!!, it gives me 4 weeks to like it or find another job.

    thanks for your input its been a help

    regards Lee


 
Please share us with friends or colleagues!

Page 1 of 2 12 LastLast

Similar Threads

  1. redeployment
    in EMPLOYEES Ask redundancy questions
  2. Redeployment trial - notice period?
    in EMPLOYEES Ask redundancy questions
  3. Redeployment
    in EMPLOYEES Ask redundancy questions
  4. Redeployment
    in EMPLOYEES Ask redundancy questions
 
Powered by vBulletin® Version 4.1.12
Copyright © 2012 vBulletin Solutions, Inc. All rights reserved.
Content Relevant URLs by vBSEO ©2011, Crawlability, Inc.
©2011 MC Buckingham Limited No Duplication Permitted! vBulletin 4.0 skin by CompletevB.com



vBulletin 4.0 skin by CompletevB