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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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Hi I was approched July 2013 with job offer I was not looking

Resolved Question:

Hi
I was approched July 2013 with job offer I was not looking they had got my CV posted in 2011, I thought about it and went to 3 interviews, in those interviews i was given the company outline for the area i would be working in.
The job was the same as they already did in the midlands and the south all in automotive industry, the outline was car plant in the northwest and neuclear industry to be built in the northwest, the company are investing in the area (northwest) this was to happen over a few years.
The Manager and director who carried out the interviews assured me that the back up would be there for the area, however after 4 months of my 6 month probation the manager drafted my permanent contract and signed it off so i was out of probation, he was happy with progress in the area, but the company decided that the neuclear side would go to a totally diferent section of the business.
The Manager handed in his notice and was put on garden leave for 6 months, this meant a different manager took over the section now, however all under the same director.
Since the new manager came into effect i was sent to the midlands on loan for 8 weeks in August and september of this year, this meant i could not go for extra works in the northwest as it is service industry we are in (Electrical and data installations) so work slowed down in the northwest.
on 16-11-14 I was taken in to meeting room by my manager and informed he as invoking my 3 month notice to start immediatlly but he would draft agreement over notice this would be on garden leave.
I was given a project from 1 of the other managers as he was too busy this was in the midlands and i was happy to accept, this has now been handed back to him as i am on gardening leave.
My problem is is 13 months as agreed in the initial interviews an investment period in new business areas my deal was working in the northwest but have spent 2 months in the midlands, i have travelled down on average once or twice a week i have covered 26,000 miles the time at the company, is that acceptable in my car?
I Have incurred milage costs and service wear and tear on my car I had estimated 12,000 miles at interview stage.
I had the same position at my previous company and had been there 5 years were i had extra 2 days holiday pension and medical, i have lost this now and had to start again until 12 months but at 12 months i have had no paperwork or confirmation regarding the benefits package.
I feel the company had not dealt with me in a fare mannor and i have lost benefits as would still be at my original postion at my last company, do I have any rights to compensation and would thuis be worth persuing.
I Have been called back to the midlands on Thursday 20-11-14 this is to breif the manager from the midlands on projects im involved with and to go through the letter from my manager regarding my dismissal, I have asked to speak to the director when i am there tomorrow this has been agreed now can i speak openlly with him.
The company is very busy and all other managers are too busy so work is out there i have been busy quoting projects and have been told 2 of these projects will be handed out and we are in best position, so seems like the work is out there and i am doing the job required of me.
Any advise will be appriciated and what actions can i take in regard to the meeting tomorrow.
Many Thanks in anticipation
David Pennington
Senior contracts engineer
Submitted: 2 years ago.
Category: Employment Law
Expert:  taratill replied 2 years ago.
taratill :

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

taratill :

Are you asking if you have the right to be compensated for loss of your job?

Customer:

Hi

Customer:

Hi I am asking is can i claim extra for wear and tear on my car and compensation for the job i was engaged for and the change in the company plans effectivlly cutting the chance of work and oportunities in the northwest, also the investment in the northwest being stopped as the company at in March said no investments allowed as 5 % return from all business units in 2014 so the northwest could not be continued as the figures are at minus this is to be expected as an investment. however work is out there and expecting orders for 200k in december. so yes compensation for breech of aggreed expectations my old manager said he expected 2 years to turn into profit. also taking me to Birmingham for 2 moths stopped my chance of continuous work as i was not there to chace contracts and chace prices plus most quoitation chances where given when seeing the site engineers in there office weekly and i could not visit the same when on loan and the engineers new i was not available so did the company not restrict my chance of continuous work

taratill :

Hi I just wanted to be sure I understood your question. Sadly UK law does not allow for compensation for termination of employment in the first 2 years of employment for any reason so long as the employer does not discriminate against the employee contrary to the Equality Act 2010. This is the same even if the company has changed its plans which has resulted in the termination.

taratill :

With regards ***** ***** wear and tear on the car, the employer's expenses or car use policy may allow for some compensation but aside from that there is no claim that can be brought after the event.

taratill :

I am really sorry that this is not the answer you were looking for.

taratill :

It is a major weakness of UK employment law from the point of view of the employee. that they take a new job at their own risk for the first 2 years.

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:

Can i ask even if the job was offered with 2 years to grow and the company is very busy but they have hindered my progress with removing my chance of continuous work by putting me in birmingham for 8 weeks

taratill :

Yes unfortunately the Employment Tribunal simply does not have jurisdiction to hear a complaint of unfair dismissal before an employee has worked 2 years.

Customer:

Can i ask tomorrow for some form of package/compensation just to try if so what would best terminology be if any at all

taratill :

you can ask but there is no legal basis for compensation or a package. You can ask for a Settlement Agreement. They will probably say no as there is no legal basis upon which you can bring a claim in any event. They do have to pay you notice though.

taratill :

If you have any further quesitons please do ask. I would be grateful if you would take the time to rate my answer as I am not otherwise credited for my time.

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