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Employment Law - Anyone Know Anything About


K9Fran

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I was called to the bosses office yesterday, to be told in a very roundabout way that now the Ops Manager is back from Maternity leave, they don't think they have enough work for me.........

 

Fair enough - except I was never told it was only to cover maternity leave, AND the company are recruiting for Customer Service Operatives, which is the job I was doing when I first started, and which I covered as part of my new job remit....

 

Can they do that? Surely I should have been offered the chance to transfer back to Customer Services?

 

To add to the difficulties, I've only been employed there since February (nearly 6 months), and have been on anti depressants since Mid April. Now I understand that I don't qualify for Statutory Redundancy Payment, but can I be made 'Redundant' after only 6 months when there are other jobs in the company that I can do (and have been doing on a relief basis).

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I think you are going to be in difficulty with this one. It wouldn't be a true redundancy in any event since a redundancy is when they require less employees to do work of a particular kind. To claim redundancy payment, you need two years service under your belt. It could well be that you are being unfairly dismissed. However, to claim unfair dismissal you need one year with the company.

 

As others say, it is important to look at your contract (and any other company policies/procedures). Express terms in a contract will be enforced. So if there is a probationary period and it says they have only to give you one week's notice, you are stuck with that. If, however, there is no probationary period and your contract says you are entitled to one month's notice, that is what they must give you. If they don't give you the one month's notice it is 'wrongful dismissal' because they are breaching your contract. If no notice period is set out in your contract, the statutory notice period for somone with your length of service is (only) one week.

 

Do you belong to a union? Might be worth contacting them if you do, to see if they can assist you. Or CAB?

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Have you got a written contract.

 

My first thoughts are you say you've been there nearly 6 months. Did you have a probationary period and has that passed?

 

Tricky - When I was originally taken on, it was as a CSO, but this was in name only, because the company was just going through ISO accreditation, and forming a whole new job role was going to take just too long. The probation period for that title was 3 months which came and went without any problems. When I took over the new title of Operations Administrator, I was asked to go through another 3 months of probation for the new title, which expires on the 8th of this month...........

 

I appear to have stupidly mislaid my personal copy of my contract, but I know there is one on my personnel file at work. I am pretty sure the notice period is one month. A fellow employee handed in her notice and was given 6 weeks 'gardening leave' very recently.

 

Thanks to everyone else for their advice.

Edited by K9Fran
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An update - I've got 6 weeks gardening leave, the promise of the MD signing a reference which I am to write myself, and the promise of being contacted should any vacancies with the company arise.......

 

I don't think I can ask for much more than that, as I was still on probation (until 8th August).

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An update - I've got 6 weeks gardening leave, the promise of the MD signing a reference which I am to write myself, and the promise of being contacted should any vacancies with the company arise.......

 

I don't think I can ask for much more than that, as I was still on probation (until 8th August).

 

 

Well that's not bad, 6 weeks paid leave, so time to start applying for other jobs.

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