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taratill
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6339
Experience:  15 years experience of advising on employment law matters
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Good afternoon, I have been employed as Operations Manager

Resolved Question:

Good afternoon, I have been employed as Operations Manager for last 6 months. 2 months ago i have kindly informed my MD i am looking for a new job. He brought Operations Manager from the Head Office 1 month ago. since then my decisions and the general atmosphere have deteriorated. recently i have been told i have to go and work on the line in the factory after several 'nasty' emails from the MD. he called me out for the meeting today demanding me to hand my notice threatening his legal team. i said I will hand my notice when I will find alternative employment. He kept demanding from me the notice. in the end he informed me that I will do as I am told and from now on I report to the other OM brought as my replacement. After he insulted me i have said I would like to stop this conversation and anything he has to say he can put it in writing. I am aware he have a very good legal service on his payroll and i stuck a bit what to do next. My intention is to leave and I am in progress of the interviews but its now as quick as I would wish. I was planning to leave by the end of October but with the discussion taking a bit sour direction I have not mentioned that to my MD. Please advise what would be the next step. My contract of employment is very basic, with 4 weeks notice.
thank you & Regards
Rene
Submitted: 3 years ago.
Category: Employment Law
Expert:  taratill replied 3 years ago.
taratill :

Hello my name is ***** ***** I am happy to help you today.

taratill :

Do you have any reason to suspect that you are being discriminated against in this on the grounds of race, religion, pregnancy, disaiblity, age, sex or for raising a health and safety complaint? or do you think it is just because you have said you are going to leave?

Customer:

I wouldn't think it is discrimination. as my employer says he can not afford to keep 2 people on this position.

Customer:

but i have said i will hand my notice as per my contract 4 weeks. they have used me for the very busy time in last 2 months and now they trying to force me out

taratill :

Are they saying that they will pay you notice or that they are going to terminate your employment summarily?

Customer:

my bosses intention is for me to hand my notice so he doesn't exposing the company to the unfair dismissal claim.

Customer:

during converation today i said if he want me out i can leave tomorrow but i need my 4 eeks notice which he said he paid me enough already

Customer:

they will have to give me 4 weeks notice anyway even if they will serve me with the notice but they have no base to dismiss me at the moment without going through the disciplinary procedures and that is long. they are trying to provoke me to leave

Customer:

the main issue is that he has demoted me and now i report to my potential replacement

taratill :

Ok the problem that you have is that that with less than 2 years service there is no right to claim unfair dismissal in any event. Even if the employer does not have grounds to dismiss you they can do so, provided they pay notice and pay in lieu of outstanding accrued holiday pay, as they do not have to have a fair reason to dismiss until a person has 2 years service. The exception to this is if they are discriminating against you contrary to the Equality Act 2010 in doing so.This is a major weakness in UK Employment Law from the point of view of the employee.

taratill :

So you options are either to hand in your notice or to be dismissed and if they do not pay your notice and holiday pay you can claim for that in the Employment Tribunals using the form you will find at www.employmenttribunals.gov.uk.

Customer:

i was not aware of the 2 years. i had no intention to sue him but i feel i have been treated wrongly and i don't knwo how to proceed. weather i need to reason with him and agree i will leave in 5 weeks or something else?

taratill :

You can try to reason for the 5 weeks but they can just give you 4 weeks notice due to the 2 year rule. If they try to not pay you then you can claim.

Customer:

well his legal team is going to write to me so we will see what they decided to do.

taratill :

All the best with it. I do hope that you can sort something out.

taratill :

If you have any further questions please do ask. If I have answered your question I would be grateful if you would take the time to rate my answer. Thank you and all the best.

Customer:

this puts me in a very difficult positon with looking for a alternative employment. how about the demoting my position

taratill :

Again until you have 2 years service you have very few rights. I would not tell an employer you are looking for alternative work again, even if it is the truth as unfortuntely this kind of thing can happen.

Customer:

learniingfrom my mistakes. i wanted to be fair to him and the company and give him time to find someone

taratill :

I am really sympathetic to your situation. Unfortuantely UK employment law does not protect you in this situation. I am really sorry.

Customer:

at least if i have been fired (hard to use this word) i am entilteled to unemployment benefits? if I quit I am not

taratill :

Yes that is a consideration.

Customer:

the only reason i am in this situation i have declined tupe rights when the company has been taken over by these people and resigned contract to get my redundancy package

Customer:

but thank you for your advice.

taratill :

did you transfer straight across though in reality?

Customer:

almost

taratill :

Please can you expand on that?

Customer:

i had month break in between the company being bought out of receivership and signing the new contract.

taratill :

Ok and did you sign a settlement agreement on accepting redundancy?

Customer:

no. i was made redundant by the previous MD when the company have been put into administration

Customer:

anyhow in reality i have been withthe company for 9 years. new management is very difficult to deal with but i knwo now i should not be trying to help them by informing i am looking for new job so my mistake. i was not aware i have no rights before 2 years gone

Customer:

woud you think its a good idea to wait for them to write to me or just hand my notice?

taratill :

did the business close for a while for the period of the administration?

Customer:

it was sold by administrator as going concern and the company has become part of the group with new name and company registration number. basically they bought employees and the customer

taratill :

How come you had a month break in service then?

Customer:

i had no intention to work for the company but they askedme to come back and offered different position which i accepted.

taratill :

OK I was trying to see if you could allege continuity of service but I'm not sure that I can given the situation. It is really up to you what you decide to do, i.e. whether you resign or be dismissed. It may depend on whether you think a dismissal might have an impact on your ability to find other work.

Customer:

this is not relevant to the case thou due to the fact i have not being transferred with TUPE rights and this is new company without connection to the old one. my question is now weather i hand my notice today or wait fro them to send me the letter?

taratill :

Hi there are circumstances where it could be relevant which was why I was exploring it.

Customer:

i thought that the employer cannot disclose the information regarding reason for leaving

Customer:

so if anybody ask them they can not say i have been dismissed?

taratill :

If they are asked for a reference they can give an honest reason. so if you are dismissed by them they can say so in a reference.

taratill :

They cannot say anything that is untrue.

Customer:

this is difficult to decide. feels like i am doing them a favor by handing my notice.

taratill :

Unfortuantely I cannot make the decision for you I can only advise you as to the legal position.

taratill :

If you have any further questions please do ask. If I have answered your question I would be grateful if you would take the time to rate my answer.

Customer:

i understand. thank you very much for your help. i really appreciate

taratill :

No problem and all the best for the future.

Customer:

i think i have explored all options. thanks

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