Not sure if anyone might be able to answer this

spylike

Hi All,

Long time lurker and only getting into this posting lark!

I'm in a bit of a pickle to say the least...

I started working for a company last September, as a Business Development Manager. In January of this year, this company merged with the current company I work for (the owner of business A is now co-owner of business .

I was brought in last night and told that the role that I am currently working in no longer existed due to financial reasons and that I would be expected to turn up today to begin work today in "alternative suitable employment" in the team that I was previously managing. They said they would pay me at the manger's rate until the end of August.

This represents a massive drop down in terms of status, pay and now the working environment will be fairly toxic because of the way that they handled it.

I've been on the phone all day to CAB and ACAS and been receiving conflicting advice over what course of action to proceed with. Can anyone help? Bear in mind I'm a young man and need the reference to progress with my career so I want things to be as amicable as possible.

I considering declining the alternative role due to the aforementioned unsuitability and asking for a written statement of my dues.

In my contract it states that "After the first month, either party can terminate by giving 1 month of notice". Because of this I want what I've earned in August, any outstanding holiday pay and my 1 month notice.

Please help

Any advice would be truly appreciated. Can't see any way to emerge with principles intact and money to pay bills.

SarEl

Neither can I. You have less than a years employment. So your "dues" are pretty much nothing. Along with your rights. Sorry, but this is "take it or leave it" - you do as they say or you quit / get dismissed.In legal terms your contractual notice is worthless - to claim unfair dismissal you can only add one week to the time you have served, and that won't get you to the one year mark. Sorry.

spylike

SarEl wrote: »

Neither can I. You have less than a years employment. So your "dues" are pretty much nothing. Along with your rights. Sorry, but this is "take it or leave it" - you do as they say or you quit / get dismissed.In legal terms your contractual notice is worthless - to claim unfair dismissal you can only add one week to the time you have served, and that won't get you to the one year mark. Sorry.

Thank you for your quick reply SarEl. To clarify - The company I'm working for began trading on Jan 1st of this year, however the co-founder/co-owner/my boss kept my and our clients on from another company that I joined at the end of August last year.

Say I lasted to the end of the month and it made a full year, what would my position then be? How do I find out if I'm covered by TUPE?

Thanks again, really helping me here.

getmore4less

I think the point is the change happens Monday so even adding statutory notice that does not take you to the end of Aug for the 1 years service.

Even then they can just make you redundant(zero redunancy payout) if you want to argue the non suitable alternative.

Why not just take the job till you find a new one at least you get income.

SarEl

I'm afraid I would have to agree. You have been given notice to start the new job today - add a week to that and you still don't get there. Tomorrow you turn up and refuse - do you think you will last to the end of the month. And if you do, how does this help? Your job is redundant and so you have the "right" to turn down the new job and be paid no redundancy money. Not exactly an improved position, is it?

Judith_W

But his notice period is a month? If this is a signed contract surely it trumps the statutory 1 week?

SarEl

Judith_W wrote: »

But his notice period is a month? If this is a signed contract surely it trumps the statutory 1 week?

No. Statutory notice only is permitted in relation the the qualifying period for claims of unfair dismissal. Contractual notice cannot be counted.