I started with my current employer in 1995 as a permanent employee.
I resigned in late 1996 and rejoined without a break as a contractor via my private limited company. I was the sole employee of my company.
Then, rejoined the company without a break as a permanent employee in late 2001.
Since joining the company in 1995 to date, I have done the same kind of work.
Now my role is being made redundant and my question is:
For the purposes of calculating my redundancy pay, can my length of service with the company count from 1995?
I have been offered an alternative role within the company, do I have to sign the new contract of employment at the start of the trial period?
Can I delay signing of the new contract of employment until I can decide if the alternative role is for me?
Also, if I do not have to sign the new contract of employment until the end of the trial period, is my current contract of employment still in force even though the role may be redundant?
If at the end of the trial period I decide that the alternative role is not for me, does the notice period that the company has to give to me for termination of employment depend on the notice period stated in the current contract of employment?
Can the company make me work this notice period?
Whether the company makes me work this notice period or gives me payment-in-lieu-of-notice, does this notice period count towards length of service and therefore calculation of redundancy payment if any anniversary is reached, e.g. birthday, another completed year of service?
Any help would be most appreciated.
Length of Service, Redundancy, Trial Period, Notice Period
- 04-04-09, 11:44 PM #1nonstop
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Length of Service, Redundancy, Trial Period, Notice Period
- 22-04-09, 11:34 PM #2nonstop
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No longer at Risk of Redundancy! A new turn of events - after almost 2 months consultative meetings, the employer has determined that my role is no longer redundant due to my explanations given during the consultative meetings.
At the last consultative meeting (yesterday), I said that:
'being told that my job role is being made redundant and the subsequent discussions during the consultative meetings has been traumatic for me and has caused all kinds of problems for me and my personal life is in a mess at the moment.
My mind has wondered from one end of the world to the other end of the universe and all kinds of thoughts have occurred'.
The problem is that my relationship with my manager is so soured now that I cannot even face him anymore.
I think my position has become untenable and it is likely to be very difficult to work under him.
I suspect he wanted to make my position redundant but has been influnced by senior management to change his mind.
Question now is do I forget about it (I am not sure I can - last months seems like being sent to hell and back but taking into account the current economic climate), or raise a grievance against my manager through the company grievance procedure?
How long do I have before I can decide to raise a grievance?
Also, I have been looking for jobs since the 'At Risk of Redundancy' was announced 2 months ago and I am attending my first interview next week.
Should I get the job (wish me luck), then I think I would like to raise a grievance as I probably would not have anything to loose?
Please help or advice would be most appreciated.
- 08-05-09, 04:42 PM #3Peter Etherington
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Hi Nonstop
As you are no longer to be made redundant I will just deal with the issues raised in your second post.
You should only raise a grievance if you think there is a potential outcome of it that would be of benefit - for instance, if you could be moved so that you report to a different manager. Otherwise, there seems little point. If you feel so traumatised and aggrieved by what has happened, and if you believe your employer has acted inappropriately, then you could resign and claim constructive dismissal. This would be in circumstances where you really felt you could not longer continuing working for the company and you would need to convince a tribunal that you employer had acted in such a manner as to have fundamentally breached its contract with you.
You might be better off to just have a "clear the air" informal talk with your manager and see if you can patch things up.
I don't recommend putting in a grievance just for the sake of it - I always advocate leaving on good terms as you never know when you may want to call on past acquaintances. (Since I became self-employed I have done quite a bit of work for my previous two employers).
The best solution may be to find a new job.
Hope that helps
Pete
- 08-05-09, 05:07 PM #4nonstop
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Thankyou Dear Peter,
Thankyou for the advice, most appreciated.
Please share us with friends or colleagues!
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