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Basic rights at work & Redundancy

edited 30 November -1 at 1:00AM in Basic rights at work & Redundancy
174 replies 119.9K views
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Replies

  • CAB_Malvern_Hills_representativeCAB_Malvern_Hills_representative Organisation Representatives - Private Messages may not be monitored
    153 posts
    Coxy11 wrote: »
    Hi,

    A friend who has worked for their employer for 23 years, umblemished service and was awarded high marks in their appraisals, is being investigated for gross misconduct. The issues surrounding this are complex. A lot of the evidence is based on hearsay and speculation that they have done something wrong, rather than hard evidence/paper trail etc.

    My question is, during their interview with their employer next week, they may have the opportunity to resign rather than be dismissed. How will this affect any possible reference the employer can give them; ie. will it be stated that the employee resigned during an investigation for gross misconduct? Similarly if the company decide to dismiss them, will they state that on a reference?

    Many thanks for your time.

    Hi

    Unfortunately it is not possible to predict what the reference will say if your colleague does decide to resign or is dismissed. You can find information about the rules regarding references by clicking on the link below to the CAb adviceguide website :

    http://www.adviceguide.org.uk/england/work_e/work_rights_at_work_e/basic_rights_at_work.htm#references

    In general given the length of their service they should avoid resigning and try to resolve the matter by negotiation with their employer and by appealing any detrimental decision made against them. Their local CAB could assist them with these issues. See also information on www.adviceguide.org.uk regarding getting help with an employment problem.
    Official CAB Representative
    I am an official representative of CAB. MSE has given permission for me to post in response to questions on the CAB Board. You can see my name on the companies with permission to post list. If you believe I’ve broken any rules please report my post to [email protected] as usual"
  • CAB_Malvern_Hills_representativeCAB_Malvern_Hills_representative Organisation Representatives - Private Messages may not be monitored
    153 posts
    zrj wrote: »
    j have taken redundancy after 13 years the last time I saw a contract was.9 years ago so wondered what was the statutory rights then as I don't have the contract to look out can u help please

    Hi

    The statutory rules in respect of redundancy can be found on the CAB website www.adviceguide.org.uk Follow the link below to the section on redundancy payments :

    http://www.adviceguide.org.uk/england/work_e/work_work_comes_to_an_end_e/work_redundancy_e.htm

    The section also gives guidance on the correct processes employers must follow otherwise the dismissal ( which is what redundancy is a form of ) may be deemed unfair. In addition you would also be entitled to notice and accrued holiday pay, see the website for more information on these issues. It is also possible that your contract if you can get sight of it may give you the right to additional contractual entitlements.

    Contact your local CAB for more in depth help with these matters
    Official CAB Representative
    I am an official representative of CAB. MSE has given permission for me to post in response to questions on the CAB Board. You can see my name on the companies with permission to post list. If you believe I’ve broken any rules please report my post to [email protected] as usual"
  • CAB_Malvern_Hills_representativeCAB_Malvern_Hills_representative Organisation Representatives - Private Messages may not be monitored
    153 posts
    I have worked for a large city firm for 6 years of which 4 I have been bullied by a woman in the office whose son I use to date. She and her friends have been awful to me. I never get invited to events (i am told by my boss I dont need to be as they are not company events but these are christmas parties the whole office attends!!!), I don't get to see birthday/leaving cards, she wont sort out my expenses/post. I have been verbly abused on numerous occasions too. I have finally had enough and resigned but have just been told that I will have to repay, pro-rata, the last 3 years bonus I have worked incredibly hard for. I feel absolutely floored. I have put up with this for 4 years and I couldnt take no more....there were times when I was so depressed I want to go off sick but I didn't i continued to stuggle on.

    My HR dept had been notified buty they said I would need to speak with my manager to sort it out which I did. I was told by people, in no uncertain terms, that going to HR will make the situation worse and would make look for a reason to get rid of me so I never made a formal compliant....something I very much regret.

    Where do I stand which regards to paying this bonus back? The company call it a retention award but its a actually an annual incentive plan. They want me to pay back £3k...something I cannot and dont want to pay back. Where do I stand please?

    HI

    Bonuses count as wages and overpayments of wages can only be recovered in certain situations.Please click on the link below for more information on this:

    http://www.adviceguide.org.uk/england/work_e/faq_index_employment/faq_employment_overpayment_of_wages.htm

    This is an issue that you are definately going to need to get advice on in person from your local CAB. You should visit them with your contract of employment and any other documentation that describes the bonus and its terms. They can then apply the law ot your situation and hopefully determine if indeed it is legally recoverable from you.

    They could also explore the bullying issues with you ( which are a form of harrassment ) and see if there is any potential avenues of redress ( assuming that this is something that you would want to do.

    see ACAS website for more information on bullying and harrassment : click on the link below :

    http://www.acas.org.uk/index.aspx?articleid=1864
    Official CAB Representative
    I am an official representative of CAB. MSE has given permission for me to post in response to questions on the CAB Board. You can see my name on the companies with permission to post list. If you believe I’ve broken any rules please report my post to [email protected] as usual"
  • Hi

    I've been advised that I might have a case of Breach of Contract against my employer, but I can't see anything in my contract specifically about this issue. To summarise:
    • 4 years ago - Got an RSI that took over 18 months to fix
    • 2 years ago - Started to get bullied by senior director. Manager repeatedly tells me "not to let it get to me"
    • 16 months ago - Finally went to HR with formal complaint about bully. Bully retired within a month.
    • 12 months ago - was signed off sick with stress. Spent some months as day patient at the Priory
    • 8 months ago - Returned to work 3 hours a day 2 days a week. Was advised that we were getting a contractor to support the team
    • 5 months ago - RSI returned and stress as bad as it had been 12 months ago. Now working 3 hours a day 4 days a week
    • 6 weeks ago - Contractor started work and has taken about 90% of my workload (not the team's workload, just mine)
    I now have nothing to do at work, my stress level's through the roof, I'm having to take medication to deal with my RSI.

    Basically, I want to leave, but I don't want to walk away with nothing. I've had 4 years of pain and/or stress and I don't feel like I can carry on like this. I see the work doctor every month and am just in tears all the time.

    I have been advised that as the contractor is external, and has taken most of my responsibilities I can either request redundancy or start a grievance for breach of contract. Like I said, though, I can't see anything in my contract about this type of situation.

    I'm aware that I have 3 months and 1 day if I want to do this, so I still have about 6 weeks, but it feels very daunting and I don't want to go in all guns blazing if I'm not 100% there is a breach of contract.

    Hope that all makes sense, and hope you can advise.

    Many thanks
    £27k (excluding interest) paid off in 29 months
    Finally debt free!
  • baloobaloo Forumite
    108 posts
    My son, who has just turned 18 has been an apprentice for just over one year at a large firm.
    One month ago he was taken ill at work. Because the company nurse was off that day, they sent him to the local walk-in centre. They told him that he was severely dehydrated due to too much sun, lack of water & too much alcohol. He had attended a music festival at the weekend, but had deliberately booked the off after it. He now tells me that he when he returned to work they gave him an "alcohol test" which came back showing "traces" - i.e he was not under the influence or drunk in any way.
    Today he went into work and was told that he was going to be sacked for Gross Misconduct. Company policy apparently. He was harassed into giving his notice in which he was recommended to do or else he would be sacked.
    So basically I would like to know if all the above is legal. Has he the right to appeal. Is it worth contacting ACAS and pursuing it or is it a straightforward case of a harsh lesson learnt?
  • Important update! We have recently reviewed and updated our Forum Rules and FAQs. Please take the time to familiarise yourself with the latest version.
  • CAB_Malvern_Hills_representativeCAB_Malvern_Hills_representative Organisation Representatives - Private Messages may not be monitored
    153 posts
    SuSu1871 wrote: »
    Hi

    I've been advised that I might have a case of Breach of Contract against my employer, but I can't see anything in my contract specifically about this issue. To summarise:
    • 4 years ago - Got an RSI that took over 18 months to fix
    • 2 years ago - Started to get bullied by senior director. Manager repeatedly tells me "not to let it get to me"
    • 16 months ago - Finally went to HR with formal complaint about bully. Bully retired within a month.
    • 12 months ago - was signed off sick with stress. Spent some months as day patient at the Priory
    • 8 months ago - Returned to work 3 hours a day 2 days a week. Was advised that we were getting a contractor to support the team
    • 5 months ago - RSI returned and stress as bad as it had been 12 months ago. Now working 3 hours a day 4 days a week
    • 6 weeks ago - Contractor started work and has taken about 90% of my workload (not the team's workload, just mine)
    I now have nothing to do at work, my stress level's through the roof, I'm having to take medication to deal with my RSI.

    Basically, I want to leave, but I don't want to walk away with nothing. I've had 4 years of pain and/or stress and I don't feel like I can carry on like this. I see the work doctor every month and am just in tears all the time.

    I have been advised that as the contractor is external, and has taken most of my responsibilities I can either request redundancy or start a grievance for breach of contract. Like I said, though, I can't see anything in my contract about this type of situation.

    I'm aware that I have 3 months and 1 day if I want to do this, so I still have about 6 weeks, but it feels very daunting and I don't want to go in all guns blazing if I'm not 100% there is a breach of contract.

    Hope that all makes sense, and hope you can advise.

    Many thanks


    Hi

    Breach of contract claims arise when an employer makes a change to the terms of a contract of employment without agreement of the employee. The terms in contracts of employment can either be express terms ( eg amount of wages , type of work ) or implied ( such as the duty of mutual trust and confidence )

    Before you consider such a claim you need to get advice in person from an advisor so you should visit your nearest CAB or other independant advice centre ASAP taking your contract of employment with you. Breach of contract claims can only be made to an Employment Tribunal after employment has ended.

    Follow the link below to Directgov for more information on this.

    http://www.direct.gov.uk/en/Employment/Employees/EmploymentContractsAndConditions/DG_10027521

    Additionally if you have developed RSI and your employer has contributed to this then you may have the basis of a personal injury claim against your employer and would need to take seperate advice on this. The Association of Personal Injury lawyers can give you free advice on this. see www.apil.org.uk for details of members.
    Official CAB Representative
    I am an official representative of CAB. MSE has given permission for me to post in response to questions on the CAB Board. You can see my name on the companies with permission to post list. If you believe I’ve broken any rules please report my post to [email protected] as usual"
  • CAB_Malvern_Hills_representativeCAB_Malvern_Hills_representative Organisation Representatives - Private Messages may not be monitored
    153 posts
    baloo wrote: »
    My son, who has just turned 18 has been an apprentice for just over one year at a large firm.
    One month ago he was taken ill at work. Because the company nurse was off that day, they sent him to the local walk-in centre. They told him that he was severely dehydrated due to too much sun, lack of water & too much alcohol. He had attended a music festival at the weekend, but had deliberately booked the off after it. He now tells me that he when he returned to work they gave him an "alcohol test" which came back showing "traces" - i.e he was not under the influence or drunk in any way.
    Today he went into work and was told that he was going to be sacked for Gross Misconduct. Company policy apparently. He was harassed into giving his notice in which he was recommended to do or else he would be sacked.
    So basically I would like to know if all the above is legal. Has he the right to appeal. Is it worth contacting ACAS and pursuing it or is it a straightforward case of a harsh lesson learnt?


    HI

    If your son has been effectively forced into resigning then it may be that he has actually been effectively dismissed.

    Normally, if you resign, you bring the employment contract to end and so you have not been dismissed. However, there are circumstances where, although you have resigned, you will still be treated as being dismissed. This could be:-if you resigned under pressure from your employer. If your son feels this is the case he
    should consult an experienced adviser immediately at his local CAB.if you go to www.adviceguide.org.uk you can search for details of your nearest CAB.

    Your son should also consider an appeal as this could result in him being re-employed. If there is no formal appeal process outlined in his contract he can still submit an appeal in writing asking for a meeting to look at the issues, explaining the circumstances that led to what happened and asking to be re-engaged. Again you local CAB should be able to discuss these issues face to face with your son and advise him on the best way forward.
    Official CAB Representative
    I am an official representative of CAB. MSE has given permission for me to post in response to questions on the CAB Board. You can see my name on the companies with permission to post list. If you believe I’ve broken any rules please report my post to [email protected] as usual"
  • PixiegillPixiegill Forumite
    202 posts
    Ninth Anniversary
    ✭✭
    My employer, who I have worked for 8 years, has started a collective redundancy process as they are relocating 40 miles away from their present offices. We have all received notification that we face redundancy but they want as many staff to travel to the new location as possible. For those who do not want to travel they are offering the standard redundancy package but they have indicated that this is voluntary redundancy. The only incentive they are offering to travel to the new location is 20p per mile but only payable for the 1st 6 months so after this time we have to fund the additional travel expenses ourselves ( 80mile round trip each day).
    Please can you advise me if this is voluntary redundancy or not as I am considering cancelling a holiday that I have paid a large deposit for and my travel insurance will only cover me if this is enforced redundancy and not voluntary. I can't understand how my employer can claim we are being offered alternative employment when we will be effectively taking a paycut to cover our travelling expenses ( and of course the additional travelling time of approx 2 hours per day).:(
  • Hi All,

    I am in need of some advice. My mum's work are accusing her of changing a sicknote in July from 1 week to 2 weeks. she has been off since the 8th June and is still off. She can not prove she didnt change this and she has a disciplinary tomorrow. If she is fired is there anything she can do as we cant prove she didnt change it. The doctor who issued the sicknote is saying it should have only been for a week.There is no way of proving she didnt change it and it was his mistake. We feel they have been trying to get rid of her for some time as she has had a lot of time off due to an accident where she broke her leg.
    Any advice would be great. :-)
  • CAB_Malvern_Hills_representativeCAB_Malvern_Hills_representative Organisation Representatives - Private Messages may not be monitored
    153 posts
    Pixiegill wrote: »
    My employer, who I have worked for 8 years, has started a collective redundancy process as they are relocating 40 miles away from their present offices. We have all received notification that we face redundancy but they want as many staff to travel to the new location as possible. For those who do not want to travel they are offering the standard redundancy package but they have indicated that this is voluntary redundancy. The only incentive they are offering to travel to the new location is 20p per mile but only payable for the 1st 6 months so after this time we have to fund the additional travel expenses ourselves ( 80mile round trip each day).
    Please can you advise me if this is voluntary redundancy or not as I am considering cancelling a holiday that I have paid a large deposit for and my travel insurance will only cover me if this is enforced redundancy and not voluntary. I can't understand how my employer can claim we are being offered alternative employment when we will be effectively taking a paycut to cover our travelling expenses ( and of course the additional travelling time of approx 2 hours per day).:(


    HI

    By its nature voluntary redundancy is where individuals are invited to volunteer for redundancy. Your employers seem to be saying that if employees don’t go with them /relocate they have chosen ( “volunteered”) themselves for redundancy perhaps because they view the offer of work at the new location to be suitable.

    However whether the alternative job is suitable will depend on the terms of the job offered and the employee's skills and abilities. A tribunal generally considers objective job-related factors such as pay, status, hours and location when deciding if a job is a suitable alternative. The Employment Appeal Tribunal (EAT) has also held that the job must be suitable for the employee in question, and that a tribunal should consider the whole job, for example, the wages, hours, responsibility and status, not just the tasks performed when deciding whether or not an alternative job is suitable.
    It seems more like they are inviting employees not to be made redundant (by staying with them and traveling to the new workplace).

    On balance this would not appear to be a voluntary redundancy situation since you don’t seem to have much choice in the matter. Usually if a firm moves away then this is a redundancy situation if the employees have only ever worked in one place so you would all probably be redundant if nobody went with them (but you wouldn’t have volunteered for redundancy)

    Suggest you visit your local Cab for detailed advice on this issue taking your contract of employment. They can help interpret your insurance policy in the light of this situation for a way forward.
    Official CAB Representative
    I am an official representative of CAB. MSE has given permission for me to post in response to questions on the CAB Board. You can see my name on the companies with permission to post list. If you believe I’ve broken any rules please report my post to [email protected] as usual"
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