TopCat
Putin fanboy
Yeah you are right.
Shafted at work, again...
- Thread starter TopCat
- Start date
Streathamite
ideological dogmatist
sorry to hear about yer troubles, TC, keep yer chin up mate
Streathamite
ideological dogmatist
YES!!!! FTW! do it, TC...
Guineveretoo
Mostly bewildered
I remember that guy - he was a well known sight in central London, and appeared to be harmless in that all he did was wander around with that sign. There is a bloke who reminds me of him who has a thing about smoking and was campaigning for a smoking ban in a similar way who, now there is such a ban in place, campaigns for a ban on all films or tv shows which have smoking in them. He turns up at political conferences and the like, whereas the chap above just wandered around shopping streets, afaik.
sheothebudworths
Up the bum - no babies!!!
Oxford St.
TopCat
Putin fanboy
Fucks sake.
I sent the following email last week after a meeting with my boss and the Chairman.
"The purpose of this email is to formally record my response to your proposal to make my position of Operations Manager redundant and your offer of an alternative position doing 4 days per week driving and 1 day per week doing administration duties.
As I explained at the meeting today with you and the Chairmanf I will not be taking up the position offered. This is because the status, responsibilities and remuneration are vastly different to my current position.
I accept that this now means my present position will be made redundant. I acknowledge that I am not entitled to redundancy payment(s) as I have not been in my present position for two years.
I would urge you to consider allowing me to have my contractual notice in the form of pay in lieu of notice and to make such payment on an ex gratia basis.
Kind regards"
I had no reply until today. then I get the following.
"Dear TopCat,
Further to your meeting with the chairman and myself on Tuesday 24th January 2012 I can now confirm that the board has accepted your resignation from (the organisation).
Further discussions are taking place in regard to your redundancy and I will be in contact shortly.
Yours sincerely
Fuck face. "
I immediately protested that I have not in any sense resigned and regard this letter as being deliberately obtuse.
Any advice?
I sent the following email last week after a meeting with my boss and the Chairman.
"The purpose of this email is to formally record my response to your proposal to make my position of Operations Manager redundant and your offer of an alternative position doing 4 days per week driving and 1 day per week doing administration duties.
As I explained at the meeting today with you and the Chairmanf I will not be taking up the position offered. This is because the status, responsibilities and remuneration are vastly different to my current position.
I accept that this now means my present position will be made redundant. I acknowledge that I am not entitled to redundancy payment(s) as I have not been in my present position for two years.
I would urge you to consider allowing me to have my contractual notice in the form of pay in lieu of notice and to make such payment on an ex gratia basis.
Kind regards"
I had no reply until today. then I get the following.
"Dear TopCat,
Further to your meeting with the chairman and myself on Tuesday 24th January 2012 I can now confirm that the board has accepted your resignation from (the organisation).
Further discussions are taking place in regard to your redundancy and I will be in contact shortly.
Yours sincerely
Fuck face. "
I immediately protested that I have not in any sense resigned and regard this letter as being deliberately obtuse.
Any advice?
Guineveretoo
Mostly bewildered
They appear to be suggesting that your refusal to accept the alternative post is akin to you resigning which they can do if they can demonstrate that the role was "suitable alternative employment".
ViolentPanda
Hardly getting over it.
Which it isn't, given that TC's job was mostly administrative, and driving is not an administrative role.
Puddy_Tat
naturally fluffy
^ this.
I don't think the written law about exactly what does / does not constitute "suitable / reasonable" alternative employment, but there is bound to be case law.
Type of work, level of responsibility, level of pay, conditions (e.g. offering a shift working job over 7 days a week would probably not be seen as 'reasonable' for someone being made redundant from a 9-5 type job) would all influence what's considered reasonable.
In the bit of local government I used to be in, it was 'reasonable' to expect someone to take a job X salary points lower, but not more than X, for example.
Precedent within that specific organisation might be relevant.
ACAS or a union would be able to advise on this.
ViolentPanda
Hardly getting over it.
Yep.
I'm just going by what happened to a mate who was a transport manager for a well-known business services company, who was made pretty much the same offer of "alternative employment", but as only about 10% of his management role was providing occasional driver cover in extremis, and the rest was admin, the company got fucked off at the tribunal because they weren't offering anything that approached a reasonably comparable (in work-type or salary) position. I suspect that TC's boss is one of those people who thinks T & Cs and working regs can be transgressed at will, and that companies can easily get away with it. The wealth of precedent set at tribunals says otherwise.
Puddy_Tat
naturally fluffy
Assuming I'm right in remembering that TC is in the "third sector" it does amaze me how damned inept "caring, cuddly, charitable" employers can be when it comes to employing staff. A friend of mine (she does lurk round here occasionally) has had a heck of a lot of problems with employers in the third sector...
Streathamite
ideological dogmatist
never a truer word spoken. I've spent my whole working life working for private sector firms, but I've heard stories from mates who've worked for charities whose bosses have treated their staff in ways that would horrify every boss I've ever had
Guineveretoo
Mostly bewildered
I am afraid that the voluntary sector is famously bad at employment practices. This appears to stem partly from the fact that they are small organisations, so not able to hire experienced/knowledgeable HR folks to give them good advice, but also from the fact that the organisations are run by people who volunteer to do so, often on top of their own employment, who are rarely themselves expert at management or human resources, and who appear to expect their staff to be working for the good of the organisation and not to care too much about unimportant things like pay and terms and conditions!
Anyway, TC is doing the right thing in asking for everything in writing. It is important, now, to respond in writing to the latest correspondence, indicating that he has not resigned, is committed to the role he has been doing, and willing to continue in that role. May be worth clarifying, in fact, that his acceptance of the position was in response to what he had been told about the funding issues and the fact that his employer had indicated that there was not a role going forward.
In the same letter, or separately if it suits, he should also be reminding the employer that, although there has been some consultation about the possibility of redundancy, there is a procedure which needs to be followed and that, until and unless this procedure is followed, TC intends to carry on working as he has been doing to date.
Anyway, TC is doing the right thing in asking for everything in writing. It is important, now, to respond in writing to the latest correspondence, indicating that he has not resigned, is committed to the role he has been doing, and willing to continue in that role. May be worth clarifying, in fact, that his acceptance of the position was in response to what he had been told about the funding issues and the fact that his employer had indicated that there was not a role going forward.
In the same letter, or separately if it suits, he should also be reminding the employer that, although there has been some consultation about the possibility of redundancy, there is a procedure which needs to be followed and that, until and unless this procedure is followed, TC intends to carry on working as he has been doing to date.
equationgirl
Respect my existence or expect my resistance
^^^This. And I've had some bad bosses.
TopCat
Putin fanboy
Guineveretoo
Mostly bewildered
Good luck with that! 
UnderOpenSky
baseline neural therapy
I got a tickle about another job today. If only I can delay them a bit, get my legal hassles out of the way.
Nice one!
If you get a firm job offer wouldn't it be easier to just fuck of your current employers?
Streathamite
ideological dogmatist
great news! good luck, mate, I'm rooting for ya!Very productive chat with CEO of another organisation. A decent and well respected man.
Puddy_Tat
naturally fluffy
Very productive chat with CEO of another organisation. A decent and well respected man.
TopCat
Putin fanboy
I have a trial to get acquitted from first!Nice one!
If you get a firm job offer wouldn't it be easier to just fuck of your current employers?
Good luck Topcat with both of your current problems. You played your cards well with your employer.
Re-edited my 'goof'
Re-edited my 'goof'
