placed on garden leave?

viscosity

Any advice greatfully received.

i have 2 years continuous employment today!!!

My employers business is transferring via TUPE tonight.

In April, 16 senior staff were interviewed for 15 jobs.
In May i was told that i was unsuccessful and i may not have a job. I received no further contact. In June, i filed a grievance under statutory duty of care to create some movement on discussion - the process was satisfied with the old employer stating that i would not be made redundant before 31/12. The transfer of assets to Local Government took place on 17/8 in readiness of their transfer to private on 31/8 at 23.59.

i was summoned to a meeting this morning at county hall for local government to present a compromise agreement to me - which i refused .

i am scheduled to start work for the new employer tomorrow but have been told in writing to stay at home until further notice or the redundancy process is completed or i sign a compromise agreement. There is no garden leave clause in my contract.

Is this legal?

Emmzi

they can pay you not to work as they wish, yes

have they actually told you that you will be made redundant?
is the compromise agreement offering worse terms than redundancy?
are you satisfied that the selection process was equitable?
are they actually tupeing you over?

SarEl

viscosity wrote: »

Any advice greatfully received.

i have 2 years continuous employment today!!!

My employers business is transferring via TUPE tonight.

In April, 16 senior staff were interviewed for 15 jobs.
In May i was told that i was unsuccessful and i may not have a job. I received no further contact. In June, i filed a grievance under statutory duty of care to create some movement on discussion - the process was satisfied with the old employer stating that i would not be made redundant before 31/12. The transfer of assets to Local Government took place on 17/8 in readiness of their transfer to private on 31/8 at 23.59.

i was summoned to a meeting this morning at county hall for local government to present a compromise agreement to me - which i refused .

i am scheduled to start work for the new employer tomorrow but have been told in writing to stay at home until further notice or the redundancy process is completed or i sign a compromise agreement. There is no garden leave clause in my contract.

Is this legal?

This is not garden leave in the conventional sense - it is a suspension, which they can certainly do. What I am entirely unclear about is what the compromise agreement is for? I presume that you read it before you refused to sign it - so what did it say?

---

PS - were you advised that you must have independant legal advice before signing a compromise agreement?

viscosity

Emmzi

Thanks for the reply
They have stated

"... i understand that you are entering into negotiation with XX with regard to a compromise agreement. If these negotiations are not complete by 31/8 you will transfer to YY on 1/9. i am writing to advise you that in the event of such a transfer i will be commencing redundancies procedures immediately..."

i will be made redundant - the agreement is for an ok amount - there has been no selection process.
16 people interviewed fro 15 jobs - no bumping, no discussion, no at risk letter, no selection criteria etc - i can list 9 statutes that they will break.

am i accepting the scenario by staying at home

viscosity

viscosity

compromise agreement was for approx 27 weeks salary which includes 18 notice weeks (contractual) and 9 for redundancy plus the usual caveats about neither side saying nasty things in the press about each other.
Essentially give up your employment rights!
i attended with union representation but no legal representation

viscosity

diable

Is this at your normal weekly wage as if it is I'd snap their hand off and chew until you reach the elbow. Not bad compensation for two year work, all tax free.

Emmzi

well, if they interviewed for available jobs, there certainly was a selection process, it's just that you may have found it unfair.

the offer seems reasonable to me. before we discuss any further, what is the outcome you are seeking?

viscosity

greater compensation - being given more time to discuss with legal representatives - chance to weigh up pros and cons.

viscosity

Also following statutory guidelines and laws.

e.g ERA 1996

viscosity

Interviews were not described as such - discussions and expressions of interest - no ring fencing of staff.
Some getting promoted and some demoted.

I believe under TUPE law everybody transfers with existing jobs then they can start such a process

SarEl

If there were interviews then there was a transparent and competitive selection process - so their were criteria applied in that process. They do not have to give you an "at risk letter" - they have to inform you that you were at risk, which they have obviously done otherwise you would not have had interviews for the remaining jobs. And a union adviser is acceptable as a legal adviser - they countersign compromise agreements all the time. As a matter of interest, have you come into the Council from the private sector? Your language in relation to the redundancy makes it sound like you may have. "Bumping" is a particular private sector game - few councils practice it and it isn't the law that they must. If they did they would spend years making a single redundancy - can you imagine the chaos of making a single admin worker redundant if they have to be competitively selected against every admin worker in the council (thousands!) and then also against every job that they could do, regardless of whether it is admin or not?

I notice that you have left out what your union adviser has recommended. I suspect they think you should sign? So do I. The redundancy deal is a good one, and I doubt that you will get better by fighting to a tribunal (if the union will support a claim). I am pretty sure that the cause of your suspension has been that the new employer refuses to take you under these circumstances as you represent a risk - which they can do if you are in dispute about your position with the existing employer. Whilst you remain untransferred your claim, if there is one, is solely against the council and not them. If they accept you you might claim against them too.

I would suggest that you speak to the union and see what their comments are. It's only sensible, since you are a member, to ascertain the extent to which they will support you in your actions, and whether they think you are being reaosnable.