unfair dismissal

Nafta

Thank you all for your comments and information. There is nothing g else I have to add. I am not a money grabber just someone that has dedicated many years to an employer and now is frightened wondering how I am going to keep my family afloat with so little money. I will have to ask for benefits and I have worked very hard all my life to avoid that. We don’t have much, we don’t go in holidays and we don’t have much of a social life but at least we do not to have to rely on handouts. I know sometimes it is needed. I will have to wait for meeting with union and see what they can do.

Nafta

Blatchford wrote: »

I may be wrong, but to be fair, I suspect that they genuinely forgot to mention it because they are desperate. I suspect the offer is not very much. It'll probably increase a little, because tactics dictate that you go in low on any negotiation. Like many people they think that employment rights are so much more extensive than they actually are. We often see people who think that parental / disability / carer responsibilities give them protection. They rarely do. And never as much as people think they do.

I'm making assumptions here, but 10 years statutory redundancy - we don't know age, wage etc, but what, maybe £8k?. A couple of grand maybe for RSI? A sweetener? Probably not a lot more than the annual difference between the wage she's getting and the wage she'll get if she gets another job. Sorry, also assuming a she! So that offer on the table is possibly around £10- 12 k ? Whereas "everyone" knows that discrimination claims are worth at least £250k. I'm not remotely suggesting this OP is making this up or that they are money grabbing. Just that very few people really understand employment law, or the very few protections it offers. The reality on the other side is that the OP had a disabled partner, children and will very probably, if they are correct in their assumption, never get a job that pays this well again.

I think we'd all be desperate in that situation. But they are in a union, and thankfully that won't fix their problem but it will did the best possible for them. Better than having nobody.

Ps - no guarantee they will get PILON. The employer doesn't have to give that.

I am
Not making anything up and I honestly think it is very unfair and thought of discrimination. Of course I don’t know the law that’s why I am asking here. I need to undertand we’re I stand. However if after the years my fix term contract has automatically made permanent for sure they cannot change terms just like that. ?

Nafta

What is PILÓN ? Also do you know where I stand with my hand injury and getting new employment? I am not sure how. Would be able to get a new job whilst I am still recovering?

LilElvis

Nafta wrote: »

What is PILÓN ? Also do you know where I stand with my hand injury and getting new employment? I am not sure how. Would be able to get a new job whilst I am still recovering?

PILON is Pay In Lieu Of Notice - your contractual notice pay.

Savvy_Sue

One thing you want in that settlement is an agreed reference.

Nafta

Thank you all again. It seems like all is complicated and although I do feel discriminated against I have to wait and see what union says.

Blatchford

Nafta wrote: »

I am
Not making anything up and I honestly think it is very unfair and thought of discrimination. Of course I don’t know the law that’s why I am asking here. I need to undertand we’re I stand. However if after the years my fix term contract has automatically made permanent for sure they cannot change terms just like that. ?

(a) Unfair dismissal is not about whether something is "fair". It is about whether it complies with a set of conditions that the law specifies as "unfair". Lots of things in life aren't "fair", but that doesn't make them illegal. Although this is a very simplistic statement, broadly speaking unfair dismissal is about an employer not following a certain type of process to dismiss, and it appears here that the employer is following a process that the law would consider fair.
(b) I have already explained - actually yes, if you are "permanent" the employer can still change your terms of employment "just like that". They would have to follow a process to do that, but in the end yes, they can do it. Nothing is fixed in stone. That's obvious really - common sense tells you that jobs change and employers needs change. There has to be a process to deal with it.

One other observation that I would have, if it wasn't clear before - there is very little chance of retaining your employment once a settlement agreement is on the table. That usually indicates, for whatever reason, that the employment relationship is such that it is deemed impossible to continue. There may no longer be a "win" to have, and the only choice would be how you exit.

Blatchford

Nafta wrote: »

Also do you know where I stand with my hand injury and getting new employment? I am not sure how. Would be able to get a new job whilst I am still recovering?

People with RSI work all the time. These are really questions to refer to your doctor, but it is unlikely that RSI would prevent you from getting a new job.

getmore4less

if you reconstruct post #5

What I read there is you had to drop a lot of C because you needed time off which was not compatible with C.

Now you can't do A or B as efficiently as needed because you injured yourself.

The company sees the business need for your position to be more flexible doing A,B and C again

They were not happy with your counter proposal for 3 day flex 2 days fix and some weekends.

These sorts of situation don't happen overnight.

How much time off have you had, how flexible to work needs have you been in the past working late to get stuff done.

How flexible are the others doing the same tasks.

You say you are specialized and that commands higher rates, no where else that needs those skills?

Nafta

getmore4less wrote: »

if you reconstruct post #5

What I read there is you had to drop a lot of C because you needed time off which was not compatible with C.

Now you can't do A or B as efficiently as needed because you injured yourself.

The company sees the business need for your position to be more flexible doing A,B and C again

They were not happy with your counter proposal for 3 day flex 2 days fix and some weekends.

These sorts of situation don't happen overnight.

How much time off have you had, how flexible to work needs have you been in the past working late to get stuff done.

How flexible are the others doing the same tasks.

You say you are specialized and that commands higher rates, no where else that needs those skills?

I did not drop C because of time off needed. I did less of that because
1- there was a big demand for A and B and not much time left for C and
2- because my employer thought the chances of me being called away and not being able to see C through were higher than the others because of my circumstances, This is not true as to date I have not been called away whereas others have, and it is discrimination


whenever I have needed to take time off I have used my annual leave. and It has not been much.

With regards to the question about being flexible, I have always been prepared to be flexible with notice but it has not been asked from me.
Hope this makes sense.
The relationship used to be a good one between myself and my direct boss until I was asked by adult social care to tell my employer officially about my caring responsibilities. until then, he was in control of some sort but then everything started to go worse. One day I reported an accident at work ad he stopped me from doing that particular task saying I could no longer do it incase I injured myself because I was a mother. Perhaps I should have done something there and then instead if simply complain to him but the relationship jas not been easy hence I now feel this change is not really justified and it has been done perhaps t get rid of me but difficult to proof hence I am asking the Union.