Employment Lawyers Can Answer Your Employment Law Questions
Hello my name is ***** ***** I am happy to help you today.
What has happened to the original role you were doing?
the sales part that remains after two of its consituint parts were removed over the last 2 years are still included within my new role, so i am still doing all of it.
Ok so the original role (in it's entirety) no longer exists as parts have been removed and you are being offered a new role (with parts of your old job in it)?
it depends on how to interpret the "entirety" part. For 8 years i did all activities in the UK and managed its teams. then for the last 2 years he has slowly removed elements of that , leaving one core responsibility. That remaining core responsibilty is now part of the new position, so it could be argued that my role for the immediate period prior to the restructuring is still part of my new position, but that was a very trimmed down role from the prior 8-10 years.
Ok the employer is likely to argue that but in reality this seems to be a redundancy situation. The law says this arises where 'the need for a person to carry out a role ceases or diminishes' , this can occur through a restructure. Where a redundancy situation arises a person should be paid a redundancy payment (amongst other things such as being consulted with!) and should be offered alternative work. The only way that the employer can avoid making the redundancy payment is by making an offer of 'suitable alternative employment' at the same salary and with similar responsibilities. A difference of geographic area such as you describe would not be considered to be a suitable alternative. It is my view that your employer is attempting to 'fudge' the issue to avoid it's responsibility under redudnancy laws.
thats my view.. especially as i expressely asked him to retain my existing role and he said it didnt exist but he didnt want to have to bother with all the redundancy process for a position at my level. i am concerned that as time goes on it can increasingly be argued that i have acknowledged and accepted the role, whereas i have not been given a choice.. so i have no option BUT to accept.. or resign. i cant easily afford to resign, but i expect that at some point in the not too distant future i will no longer be able to accept the travel and will resign, but as time has passed will not get any benefits.
i need advise on what direction to go and what process to take
You should raise a grievance that it amounts to a redudnancy situation and that you are not prepared to accept this role which does not amount to a suitable alternative and also say in the grievance that they have failed to consult with you. You should state that you feel that all of this goes to the root of your contract and will give rise to you having the right to claim constructive dismissal. You should ask them to consider a settlement agreement as an alternative to this. Give a time frame on the letter of 7 days. If you want you could see a local solicitor who can write a letter on your behalf. If you have household insurance it may contain legal expenses cover which is worth looking at.
ok, is there a defined time period that this should all happen in? there is a twist that i think he may be using as part of his timing here.
You have 6 months from the date of redundancy to claim redundancy pay and 3 months from the act to claim constructive dismissal.
as a salesman i am paid on sales targets, and our year end is due in the next few weeks, and i am due my final year end sales bonus which will depend on the last months figures. i am curently on target, so would expect to get my bonus.. which i need to bring my salary inline. could i start this process on Jan 2nd and be within a reasonable timeframe from the new position announcement, yet still be able to argue that i should get my 2014 bonus.
i just cant afford for him to get awkward and find ways to punsh me my means of my bonus,
if this was ongoing during decvember when the year end happens then there is that risk
When is the new position being announced. If you work in the new position more than a month then you will not be entitled to redundancy as you will have accepted the new position.
bugger..it was announced last thursday offcially
In the situation you are in I really think you should see a solicitor and get them to write a letter. Compensation should include the bonus you are due.
a simple email out to the company.. but i have not signed or had anything given to me that states this. i just have the same email everytone else has
ok did you see the point I just made about seeing a solicitor. I would suggest you do as timing is key here and compensation should include any bonus you are due.
thanks.. i have no idea where to get a solicitor.. do you have any suggestions
Any high street firm with an employment department. Or you can use the find a solicitor search on the law society website. http://solicitors.lawsociety.org.uk/
No problem, 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.
Forgot to say many lawyers do an initial consultation for free so you should phone round to find one who will do that.