redundancy---maybe new job help

yorky22

hi all
i work offshore on the rigs but the company i work for as lost the contract on the rig i am on,they have no jobs else where for the position i do,can i ask for voluntary redundancy if they cant offer me the same position else where,i might get a start with the new company but have to go limited company,will this make a differance as i have 23 years with the company i am with now,will i still be able to ask for voluntary redundancy or is it up to the company to ask me,or could they play the waiting game to see if i get a start as a limited company and i lose the 23 years service

cheers

getmore4less

This may be a TUPE situation if another company has got the contract.

Ask them what they plan to do you could sugest it looks like you are redundant what are the time scales.

Does your contract allow them to not pay you if there is no work?
HOw broad is the contract that would make other jobs suitable alternatives.


Best to keep any hint you have other work quiet until you know what the plans are.

yorky22

hi m8
if i get a start with the new company i would have to go limited company ie start my own company,where as before i just worked for a oil company and they just payed me a monthly salary,there is a few of us in the same boat i know for a fact they dont have work for us and only so many will be asked to go limited company for the new jobs,will they have to pay me anything if i am offerd to go limited company or will the 23 years just count for nothing
regards

Jarndyce

yorky22 wrote: »

hi m8
if i get a start with the new company i would have to go limited company ie start my own company,where as before i just worked for a oil company and they just payed me a monthly salary,there is a few of us in the same boat i know for a fact they dont have work for us and only so many will be asked to go limited company for the new jobs,will they have to pay me anything if i am offerd to go limited company or will the 23 years just count for nothing
regards

This is either a TUPE transfer or a redundancy situation, possibly both. You or your union need to be asking questions of your employer, as only they will know the answer. Tthere is no obvious reason why you would need to go self-employed unless the new contractor requires it and even then you may still be redundant. Either way, you should either have a job or be redundant and receive a payout based on your 23 years, assuming it is continuous service.

yorky22

hi all
the new company wants us to go limited company if we get taken on,my last trip finishes mid march with my old company,if i get taken on i will start mid april with new compamy as a limited company,just wondering if my old company can keep me waiting to see if i get taken on so they wont have to pay redundancy,or will they have to let me know sooner rather than later whats happening,do they have to pay redundancy if they cant find me a suitable position which i know they cant as the position i do is only rellivant the the platform i work on now
cheers

getmore4less

I would ask why this is not a TUPE if a new company has the contract, and if not what are they going to do about alternative work or redundancy.

Ask what is the redundancy packages will be.

Setting up a new company and doing anything for anyone else is none of their business so I would try to avoid any discusions in that direction with the current employer focus on what they are going to do now they have no work for you.

exactly how you approach this will depend on what is going on and it would not suprise me if they are in ome kind of pact to reduce costs and avoid redundancy.

They will probably try to get you to start a new job and have to resign before making you redundant

whats the job situation like in this sector?

Whats your current notice remember the company have to pay you a minimum of 12 weeks.

getmore4less

yorky22 wrote: »

hi all
the new company wants us to go limited company if we get taken on,my last trip finishes mid march with my old company,if i get taken on i will start mid april with new compamy as a limited company,just wondering if my old company can keep me waiting to see if i get taken on so they wont have to pay redundancy,or will they have to let me know sooner rather than later whats happening,do they have to pay redundancy if they cant find me a suitable position which i know they cant as the position i do is only rellivant the the platform i work on now
cheers

You need to get them to give you notice that they are terminating your contract.

Mind you if they wait they will have to keep paying you, unless the contract allows for them not to.

get a new job before they put you on notice and you will most likely need to resign.

Once they have issued notice(12 weeks) you can counter notice.

Could end up as a stand off, could they employ someone else to do the job?

Statutory redundancy would be 20 years service, capped at £430pw + 1/2 week for years over 41 so £8600+

if the company has an enhanced policy this could be a lot more.

I think it would be a good idea to get some collective sitution going with all those involved, union reps.

What happens at the rig if no one changes to the self employed status for the new company, can they cover?

One thing you all need to do is get the contracts so you can work out what you are paying for out of the "pay" that was covered before.

nightingalesgarden

yorky22 wrote: »

hi all
the new company wants us to go limited company if we get taken on,my last trip finishes mid march with my old company,if i get taken on i will start mid april with new compamy as a limited company,just wondering if my old company can keep me waiting to see if i get taken on so they wont have to pay redundancy,or will they have to let me know sooner rather than later whats happening,do they have to pay redundancy if they cant find me a suitable position which i know they cant as the position i do is only rellivant the the platform i work on now
cheers

Totally agree with the other posts - quick question what happens in mid March? Do you think your old company will continue to pay or will they stand you down for a number of weeks (e.g. not pay you until another role is found)