Shafted at work, again...

[TopCat]

Ok a bit of advice needed please.

I am employed as a Transport Manager (8 months so far) for a small charity and we have just lost a crucial grant.

It has been proposed that I work as a driver at a much reduced rate of pay and then be paid at a Transport Manager on an as and when required basis.

My boss gets to keep his totally outrageous salary whatever happens.

My initial view is that they can go and fuck off. My skills and expertise and qualifications are not available on an ad hoc basis.

Given I have not been in the post for a year I am aware I don't have recourse to an employment tribunal.

Am I entitled to notice? My contract says three months, can I enforce this? Do I just go sick with stress? ( I am mega stressed).

 

[TopCat]

Ok so it seems that what is happening is i am being made redundant. My contract stipulates that 3 months notice is required to terminate my employment. Is this what I can expect if made redundant?

 

[Badgers]

Oh fuck

 

[gabi]

Shit man, sorry to hear this - yeh, I'd expect you'll get 3 months - did you have a probation period?

At least that'll tide you over while you sort somethin else out anyway. best of luck.

 

[TopCat]

Oh fuck

Innit!

I think the only mega stresses I have not faced lately are bereavement and terminal illness.

 

[sim667]

Sounds iffy. get thee to the CAB!!!

 

[Badgers]

I think the only mega stresses I have not faced lately are bereavement and terminal illness.

I was going to say 'at least you have your health' but hesitated

 

[TopCat]

Sounds iffy. get thee to the CAB!!!

Come on, this is 2012, where is a CAB that is open and taking new clients?

Where is past caring? I have completely rinsed his good will in the last year with regard to getting advice and support. So, must send him a PM!

 

[Puddy_Tat]

Bleurgh.

I'd suggest a read of this (from CAB) on the subject of redundancy (if that's what is happening) and / or this (also CAB) if (as suggested in the first post) they want to change your contract.

With less than 2 years' service, you'll not be entitled to statutory redundancy pay, and with less than 1 year's service, you can't go to a tribunal on unfair dismissal unless it's blatantly sex / race (etc) discrimination.

I would have thought (and this is subject to the disclaimer that i'm not a lawyer or an sort of expert) that going from transport manager to driver would not constitute "reasonable alternative employment" (or whatever the term is) in this situation (I have worked for bus companies where similar sort of thing has happened to supervisory level posts, and it's been accepted that if they haven't wanted to revert to driver, they are entitled to redundancy) - even though you're not entitled to redundancy pay, you may need to think about how the dole people will react.

Ultimately, it's up to you what sort of terms you want to leave on (if it's anything like the transport world round here, the chances are you'll meet the same people again in another role in a few years' time) and whether going driving for the current organisation while you look for something else is (while not much fun) better than going on the dole.

As well as CAB, ACAS offer telephone advice to individuals - they have a page on redundancy here, with a link to the details of their advice line.

Best of luck

 

[TopCat]

Cheers Puddy_Tat.

I want as much cash as possible! I have two documents from my employer. First is "particulars of employment" which states employers notice period is one month. The other is "Statement of particulars of employment" which states three months notice.

Which applies?

Oh and BTW, just had it confirmed that my home tenancy is definitely over and I have to move out!!!! Whoop! Thankfully HMP Wanno are keeping a bunk for me...

 

[TopCat]

ACAS were very helpful. I will only refer to the Statement of particulars of employment" which states three months notice. I will accept the trial job being offered. They then have to pay me my notice or make me work it. then and only then can the trial position commence.

 

[ViolentPanda]

Ok so it seems that what is happening is i am being made redundant. My contract stipulates that 3 months notice is required to terminate my employment. Is this what I can expect if made redundant?

So what your company is actually doing is making your full-time position redundant, pffering you re-employment as a driver, but wish to be able to utilise your management expertise on an ad hoc basis, presumably for some as yet unspecified remuneration (also presumably) to be paid on a case-by-case basis.

Sounds like a road-map to you getting butt-fucked, and your charity saving the difference between your and a driver's salary (discounting any ex gratia payments they make to you for ad hoc use of your manager's hat).

 

[TopCat]

So what your company is actually doing is making your full-time position redundant, pffering you re-employment as a driver, but wish to be able to utilise your management expertise on an ad hoc basis, presumably for some as yet unspecified remuneration (also presumably) to be paid on a case-by-case basis.

Sounds like a road-map to you getting butt-fucked, and your charity saving the difference between your and a driver's salary (discounting any ex gratia payments they make to you for ad hoc use of your manager's hat).

You have hit the nail on the head sir.

 

[StoneRoad]

TC, I'm so sorry - that situation REALLY stinks. I agree with VP's summary and Puddy's advice. Especially as you think your boss is keeping himself on his nice fat cat arse rather than share the pain with the rest of you. Unless you have recourse to the charity board/trustees?
hmmm....... 8mths + 3mths notice +1mth trial - hey, that gets you to the 12mths for the tribunal.....or maybe they'll pick up on an alternative grant....try to get an option for re-instatement.

Meanwhile, back at the ranch, the nastyside of what passes for my mind/conscience suggests that your manager should meet with the backend of a 'bus.......

 

[TopCat]

I think I will string it out for a bit then decline the shitty alternative job and demand my three months pay. Let my fucking boss do all the work. This fucking idiot on £50, 000 plus still can't attach a document to an email or set his ansa phone.

 

[Pickman's model]

very sorry to hear this, top cat.

 

[TopCat]

very sorry to hear this, top cat.

I know! Three insane bosses in a row. What are the odds? Given so many/most of the rest were really really nice, I started to think it was my fault. But no, it's them.

 

[TopCat]

So I know I will be losing my flat, job and maybe liberty very soon. I have a smile though, it's remarkable.

 

[Pickman's model]

So I know I will be losing my flat, job and maybe liberty very soon. I have a smile though, it's remarkable.

(((tc)))

 

[Puddy_Tat]

blargh.

might be worth seeking more qualified advice on how you'd get on with the dole when it comes to signing on - I don't know if their idea of "suitable alternative employment" is the same as that in redundancy situations.

although if you get a letter that says "redundancy" you're possibly OK

as for the flat (or whatever) hunting - any chance you can do this before the redundancy is confirmed? it's a whole lot more shit when you're already on the dole.

and if you're likely to end up claiming housing benefit, make sure you go for somewhere where the rent is within the local housing allowance limit, more here

and maybe liberty

ETA - couple of further thoughts.

By "transport manager" is this in respect of an O-Licence? The Traffic Commissioners might take a dim view if you're really employed as a driver and have no real authority, but are just a stooge - I know they have made noises about tightening up on 'figurehead' transport managers recently.

And in general, bleurgh. It's amazing how inept some charities are at being decent employers. I've never worked for a charity, but a friend is on about her third 'compromise agreement' in the third sector...

 

[TopCat]

The thing I am sweating on is my beloved cat, I have asked my ex wife to take him. I await an answer. Still, I am smiling.

 

[TopCat]

blargh.

might be worth seeking more qualified advice on how you'd get on with the dole when it comes to signing on - I don't know if their idea of "suitable alternative employment" is the same as that in redundancy situations.

although if you get a letter that says "redundancy" you're possibly OK

as for the flat (or whatever) hunting - any chance you can do this before the redundancy is confirmed? it's a whole lot more shit when you're already on the dole.

and if you're likely to end up claiming housing benefit, make sure you go for somewhere where the rent is within the local housing allowance limit, more here

I had a section 21 notice before Christmas from my landlord and they are pushing though with it whatever. So I have to get out from here. The job has gone to shit but hey. The legal issue gets lively in late Feb.

 

[TopCat]

By "transport manager" is this in respect of an O-Licence? The Traffic Commissioners might take a dim view if you're really employed as a driver and have no real authority, but are just a stooge - I know they have made noises about tightening up on 'figurehead' transport managers recently.

And in general, bleurgh. It's amazing how inept some charities are at being decent employers. I've never worked for a charity, but a friend is on about her third 'compromise agreement' in the third sector...

I had one compromise agreement, at least I can always rely on that reference!

I am more and more minded to refuse the alternative offer. It's £660 a month less than I was getting. I have rent, child support, food bills to pay.

 

[Radar]

I had a section 21 notice before Christmas from my landlord and they are pushing though with it whatever. So I have to get out from here. The job has gone to shit but hey. The legal issue gets lively in late Feb.

Have you read this article about section 21 notices, apparently 7 out of 10 are currently being rejected as flawed in the London area when they reach a court.

You might be able to blag a few months breathing space depending on your exact circumstances and the dates given.

 

[stuff_it]

If it was me I'd take the redundancy, and look for summat else. You have loads of skills, and I'm sure you'll find something.

 

[grit]

Have you read this article about section 21 notices, apparently 7 out of 10 are currently being rejected as flawed in the London area when they reach a court.

You might be able to blag a few months breathing space depending on your exact circumstances and the dates given.

Excellent link.

 

[TopCat]

Have you read this article about section 21 notices, apparently 7 out of 10 are currently being rejected as flawed in the London area when they reach a court.

You might be able to blag a few months breathing space depending on your exact circumstances and the dates given.

They never registered the deposit so are limited in how fast they can move. But if I move into the goodwill of others I can save money on rent. I can't enter into a new shorthold lease with anyone until I know the outcome of the trial.

 

[stuff_it]

They never registered the deposit so are limited in how fast they can move. But if I move into the goodwill of others I can save money on rent. I can't enter into a new shorthold lease with anyone until I know the outcome of the trial.

Ho much do you owe the landlord, would a couple of months wages cover it (ish)? You could ask for an out of court settlement with that redundancy money...

Bear in mind that my normal MO is based on ending up sofa surfing or buying a cheap trailer isn't the end of the world...

 

[TopCat]

Nah they owe me money.

 

[TopCat]

Nah they owe me money.

They (the owners) are mental, they have got shot of all their tenants and are expecting an influx of oligarchs hitting town for the Olympics and having a desperate desire to stay on a disused farm in Croydon. It's like a cargo cult.