Employment Law - advice request

[dougal74]

Could anyone put me in touch with / recommend an employment law specialist as I fear I may be requiring of their services due to a restructure at work?

In summary - it would appear my role is being made redundant and replaced with a new structure of more junior roles, although I have not been informed specifically to that effect nor have I seen specifications.

Any advice much appreciated...

Kind regards, Adam

 

[Rumble]

Hi sorry to hear about your job. Are you a mamber of any union? Maybe they could give you free advice and help with negotiations etc.

Also have people been told about the restructuring or is it hearsay at the moment. If its the latter you might want to approach those in charge and ask them upfront whats going on.

 

[imadoofus]

You have PM

 

[SEM]

Have you rang ACAS? they're usually clued up on employment law.
Free advice too
http://www.acas.co.uk/
Acas Helpline on 08457 47 47 47 which gives free confidential help and information on work issues. Monday - Friday 08:00 - 18:00

 

[PJH]

Does your car or house insurance firm offer free legal advice ?

 

[dougal74]

Thanks for the support, advice and PMs...the funny thing is I work in a Business Affairs Dept. (contracts etc.) so I am looking for specialist rather than general advice.

Kind regards, Adam

 

[kikkthecat]

Strangely enough I was about to start a thread with the exact same request.

Long story but to cut it short, in November 46 of us were told our positions were going due to "restructuring"
There would be other, lesser positions for us to apply for and if we didn't then redundancy would follow.
11 of us decided not to take the backward step and insted to accept the redundancy.
Since then, 9 have recieved a letter saying their position ceases on March 1st and are in negotiations as to whether they will be required to work the statutory notice period or be paid in lieu of notice.
I and one other were invited into a meeting to be told we were "business critical" and also told (please read this carefully before replying)
Your 12 weeks notice starts today (1st February) but your contract will not be terminated until December 31st.
To say I'm angry is a serious understatement and my union is currently seeking a meeting to address the matter but so far no-one seems to know for certain if the company is acting within the law to do this. Surely notice means notice of termination and my finishing date should therefore be 26th April.

I dont mind anyone expressing an opinion but like Dougal I'm actually looking for specific correct advice on employment law.

Oh Dougal, sorry if I appear to have hijacked your thread.

 

[dougal74]

I dont mind anyone expressing an opinion but like Douglas I'm actually looking for specific correct advice on employment law.

Oh Douglas, sorry if I appear to have hijacked your thread.

No problem mate, my limited understanding is that is depends on the number of staff involved as to what rules apply. If it is more than a number (25?) then there must be a period of consultation and offers of other roles within the restructured company, and then a fair selection process for those roles. However, if nothing can be agreed upon then you are entitled to your notice period, statutory redundancy and any company redundancy plus assistance in re-skilling/finding other work.

Your contract is only valid until the end date as defined in your agreement with them, if there is a notice period it should be until the end of that period unless the company agree to release you earlier, I can't imagine a scenario where they could hold you to a different later date since that would be a restraint of trade and run against their reasoning for making you redundant in the first place, i.e. your role in its current form is no longer required and no other role is suitable for you.

For the employer they must be careful that it does not appear to be constructive dismissal, i.e. offering something which has less responsibility / scope than what you currently do / could be reasonably expected to accept...but as I have said in my post I am not an expert in the field.

Sorry if this doesn't help, but thought it might; as you say it is informed advice that really helps at a time like this.

Kind regards, Adam

 

[Benzowner]

Dougal, you have a PM