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Shafted at work, again...

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.
:hmm:

Do they live there? I'm sure I could get some site to invade it once it's vacant if the transport links are decent... ;)
 
TopCat - employment isn't my speciality, but I think you've had sound advice from ACAS anyhow. I have got an employment solicitor mate I can have a word with if you want, but short of a year you've got no real recourse in this kind of situation.

Tactically, I wonder if you might not be better off sticking it out if you're not certain that you'll be able to walk into something with equivalent pay? Several reasons for this;
  • you'd be best placed to become transport manager again if the company needs one. If you get past 12 months with the notice and trial period and there is nothing in your probation/supervision records to indicate that you were not up to scratch as transport manager then they more or less have to give you the job if it becomes available again. Certainly you'd have grounds for an ET if they didn't.
  • bird in the bush - better to have some money coming in than nothing. And they have to give you reasonable time off to look for other work/attend interviews during the notice period. Nothing to stop you looking while you're still working there.
  • the real clincher - worst case scenario with your other woes, you get a guilty and the court is deciding whether or not to give you a custodial or a heavy fine, you will get the custodial if the court thinks you cannot pay the fine (even by installments). Best to be in work (they will check) in case this happens.
As for signing on, it won't be a problem given that the company is saying redundancy/offering an alternative on considerably reduced pay. If this is the route you want to go and you get any grief, let me know.

I will have a word with the missus about the chances of us taking the cat until you get yourself sorted if the worst comes to the worst with the flat.

Lastly, we need to sort out a beer before toothbrush day.
 
Thanks for that PC, your support is hugely appreciated. :)

I have just had another meeting with my CEO. He has made another offer. This comprises of one day per week at my present rate of pay and four days per week at a drivers rate of pay. This offer is only up unto the 31/03/2012. There is no offer of employment after this date, they will have to see what income is like. They want to start this as soon as possible. I stated that this process was concerned with making my present position redundant and it's a lot to think about, a huge drop in income etc. I said I would come back to him after giving it some thought but not to expect an answer today as it will require a lot of thought.

I am in two minds.

Am I absolutely entitled to the notice stipulated in my terms or if I accept the alternative position do I forfeit this entitlement to notice? I think my boss has had advice that if I take the other job, no notice is required.

My barrister thinks it best that I am employed at the time of the trial. I would love to just tell my boss to crack on with it himself.

The charity is going down the shitter for sure, the bosses cash flow is a dishonest document, I did the cash flow again yesterday and it's doom and gloom by June.
 
Too often charities are run by ex business people who ignore the law and best practice in terms of employment. :(

Another meeting with my boss today. He put forward another proposal, 1 day per week at existing rate of pay and 4 days at half pay as a driver. I so want to fuck him off, I just stalled for time and said I would come back to him. I will, next week, but with a list of complicated questions!
 
On todays' posts -

a) would this in effect be two different part-time jobs, or what?

b) are the terms & conditions you have now generic across the organisation, or were they specific to your current post?

c) if the latter, what are the terms & conditions of your new post/s? It's not impossible to make acceptance of a new post dependent on accepting new terms & conditions. I'm a bit fuzzy on whether it would - in the eyes of the law and the dole office - constitute resignation or redundancy if you said no.

d) would a single new full time post as (say) 'chargehand driver' be better, on the basis that you spend approx 1 day a week in the office?

e) it's not entirely uncommon for grant aided organisations not to know until very late in the day whether they will get grant funding come the next 1 April - this is not entirely the fault of the voluntary organisation/s if the local / health authority who gives the grant is being indecisive. Are they saying that as things stand, they are still giving you notice to quit as at 31 March (which they can withdraw if funding does come through)?

f) is this simply withdrawal of funding for the service that your organisation provides? Not the local authority funding / contracting with a different organisation to provide a similar service?

If the service is continuing, but with a different provider, then you may well have a legal right to transfer to the new provider under TUPE law. (I can say more about this but don't want to if it's not relevant.)

*worries about the cat*

(ETA - glad to hear the cat's future is safe)
 
On todays' posts -

a) would this in effect be two different part-time jobs, or what?

Not sure, I will have to ask.

b) are the terms & conditions you have now generic across the organisation, or were they specific to your current post?

I am not certain, there is hardly anyone else left.

c) if the latter, what are the terms & conditions of your new post/s?

Not sure, will have to ask.

It's not impossible to make acceptance of a new post dependent on accepting new terms & conditions. I'm a bit fuzzy on whether it would - in the eyes of the law and the dole office - constitute resignation or redundancy if you said no.

d) would a single new full time post as (say) 'chargehand driver' be better, on the basis that you spend approx 1 day a week in the office? Again, not sure about this.

e) it's not entirely uncommon for grant aided organisations not to know until very late in the day whether they will get grant funding come the next 1 April - this is not entirely the fault of the voluntary organisation/s if the local / health authority who gives the grant is being indecisive. Are they saying that as things stand, they are still giving you notice to quit as at 31 March (which they can withdraw if funding does come through)?
They want me to "make the change" as soon as possible. I know why, the organisation is fucked financially.

f) is this simply withdrawal of funding for the service that your organisation provides? Not the local authority funding / contracting with a different organisation to provide a similar service?

If the service is continuing, but with a different provider, then you may well have a legal right to transfer to the new provider under TUPE law. (I can say more about this but don't want to if it's not relevant.)
Its definitely not a TUPE situation. I know all about TUPE!
*worries about the cat*

(ETA - glad to hear the cat's future is safe)

I really want the notice pay and to be able to leave and concentrate on my trial/lolling about/relaxing/focusing on myself. Trying to fuck me over causes a fundamental change in my attitude towards them.

I think they will have to accept that I am entitled to three months notice. I don't want to have to work it though. I think I need to cause some friction but I can't see the exact best place.
 
The Chair and the CEO could do with more tension between them. I think that the way the Chair finds out the CEO has given me a contractual document stating three months notice is required will be crucial.

In trying to save money by fucking me over, the CEO has caused short to medium costs to increase and the cash flow to worsen and has lowered morale. The Chair will go nuts at the CEO. :D
 
I will have a word with the missus about the chances of us taking the cat until you get yourself sorted if the worst comes to the worst with the flat.

Aww mate, I was very touched by this kind offer. You probably more than most know that I was fretting about the cat more than losing job/flat/liberty.

It will be best for the cat and the kids for my ex wife to take him. It's a credit to us both that she has agreed and a real marker in our history given I did not pressure her or what have you. :)

"Lastly, we need to sort out a beer before toothbrush day". Yes indeed. I'm paid 24th. I'll call you. Warn your better half that you may be late, I owe you more than one beer. :0
 
I really want the notice pay and to be able to leave and concentrate on my trial/lolling about/relaxing/focusing on myself. Trying to fuck me over causes a fundamental change in my attitude towards them.

I think they will have to accept that I am entitled to three months notice. I don't want to have to work it though. I think I need to cause some friction but I can't see the exact best place.

dunno really - you have said

My barrister thinks it best that I am employed at the time of the trial.

There's no legal entitlement to pay in lieu of notice, some organisations go in for it as standard practice, some don't, and some will be awkward buggers and make sure you don't get it if you want it...
 
Well the boss is pressing me for a response. I think a list of questions is more appropriate at this stage. The bastard also just verbally attacked me this morning in a manner designed I think to cause me to tell him to fuck off. I swallowed and now seethe. :mad:
 
  1. What plans are in place to win new contracts/improve the organisation's long-term finacial viability?
  2. In the event that new contracts are won and the organisation requires a full-time transport manager again, are you prepared to offer me the post without an interview? i.e. I simply increase my days in that post/at that rate of pay from 1 day a week to 5. Will you confirm this in writing?
  3. If there is a company pension scheme, what are the prospects of the employer contributions continuing to be paid at the old rate?
I'll think of some more in a bit - those are just off the top of my head.
 
The boss spent most of yesterday trying to provoke me to tell him to go and fuck himself so he can save on my notice pay. Given the stress I am facing at the moment I did rather well to totally refuse to rise to the bait.
 
In that kind of situation you just have to bear in mind that you are causing him even greater levels of stress and frustration by refusing to rise to it. Just think about how chewed up the cunt is feeling inside.
 
He has provided verbal answers to my questions. He wants a response to the job offer by next Tuesday. I am going to almost certainly decline it. My barrister says it would be best to be employed but also that there is absolutely fuck all chance of getting anything other than custodial if I get a guilty in my case so...

:)
 
I have everything on paper now. I have the crunch meeting with bosses today. I am going to politely decline their kind offer of a shit job at half the pay. I am going to play dumb about the notice period today. I am hoping they commit on paper to paying me in lieu of notice. then and only then will I politely remind them that I am due three months notice pay not one.

I really loathe my boss, it will be good for me to not have to endure the horrible fucker ever again.
 
Meeting went as I expected. They definitely have not read the contract terms!

if I am obliged to work my notice period, how much time can I take off to go job hunting?
 
Meeting went as I expected. They definitely have not read the contract terms!

if I am obliged to work my notice period, how much time can I take off to go job hunting?

None, unless it's provided for in your contract - in order to take advantage of the statutory provision (in which case it's "reasonable" paid time off, but no more than 2/5ths of a week's pay in total in any one week - feasibly, then, you could take more unpaid and it still be "reasonable") you need two years' continuous service.
 
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