| Employment law 15:51 - Jun 24 with 4434 views | stowmarketrange |
Does anyone on here know anything much about employment law?
Without going into too much detail and boring you all,I got an email from my employer saying that there was a good chance that I’d be made redundant as the work had dropped off drastically to what it was pre covid.
I was given a choice of roles in depots to move to,but they seem to have been filled now,even though the consultation period doesn’t end until the 30th June.
I received another email today that said that the only job role open to me is one where I’d have to be away all week and sleep in my truck at night.Or I can resign if I didn’t want to do that.
Considering I’m at home every day based on my old role,is this a reasonable offer of an alternative,or do I suspect they haven’t got a legal case and hope that I go quietly?
I’m 60 in September and spending nights away sleeping somewhere in frozen Scotland 4 nights a week doesn’t sound like my idea of fun.
They also want my answer by tomorrow at noon,which is still in the supposed consultation period.
Any advice would be much appreciated. |  | | |  |
| Employment law on 09:07 - Jun 25 with 1081 views | BazzaInTheLoft |
| Employment law on 00:25 - Jun 25 by timcocking |
When we employed loads of people in UK, the law is so strongly on the side of the workers, that they'll always win the case no matter what they'd done. If you take it to a tribunal, you'd almost certainly win, or that's been my experience. Make them sack you, then it's wrongful dismissal. |
Only 18% of tribunals are won by the employee. |  | | |
| Employment law on 09:35 - Jun 25 with 1037 views | danehoop |
I have had a little experience in these issues and others have provided much better advice to you than I could offer.
One other thing to perhaps think about at this stage is what you want out of this process .So understand what each of the legal minimum scenarios look like and be clear in your own mind what an acceptable outcome might be for you if a settlement is offered. |  |
| Never knowingly understood |
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| Employment law on 09:57 - Jun 25 with 1005 views | stowmarketrange |
| Employment law on 08:57 - Jun 25 by BazzaInTheLoft |
You are very lucky that Unite are taking this on for you! Normally they won’t represent a member if their issue took place prior to signing up.
Good luck to you and I hope it works out. |
I’m not really sure they will do mate,but there are 60 drivers out of 107 in our depot who have been members for longer than the 18 hours that I have.Some have even members for a whole day.
I think it’s a dogfight between the company and the union,and we are just the bones they’re fighting over.
I’m luckier than a lot of others who work(?) there,but it isn’t right that they can just decide to firstly offer redundancy,and then snatch it away and tell us to take a crap job or resign.Some drivers won’t have a choice whether to leave or not,as they might have mortgages and children to pay for.I can walk away and not suffer too much,apart from the struggle to find another job.But why should I,And many others have to make that choice.
In my opinion,they’re only doing this because drivers tried to get union representation in the depot to right some of the wrongs being inflicted by our company.
Didn’t that sort of behaviour end after the Tolpuddle martyrs? | | | |
| Employment law on 10:36 - Jun 25 with 967 views | BazzaInTheLoft |
| Employment law on 09:57 - Jun 25 by stowmarketrange |
I’m not really sure they will do mate,but there are 60 drivers out of 107 in our depot who have been members for longer than the 18 hours that I have.Some have even members for a whole day.
I think it’s a dogfight between the company and the union,and we are just the bones they’re fighting over.
I’m luckier than a lot of others who work(?) there,but it isn’t right that they can just decide to firstly offer redundancy,and then snatch it away and tell us to take a crap job or resign.Some drivers won’t have a choice whether to leave or not,as they might have mortgages and children to pay for.I can walk away and not suffer too much,apart from the struggle to find another job.But why should I,And many others have to make that choice.
In my opinion,they’re only doing this because drivers tried to get union representation in the depot to right some of the wrongs being inflicted by our company.
Didn’t that sort of behaviour end after the Tolpuddle martyrs? |
No it didn’t sadly. I could tell you some stories!
I was on the verge of being employed by Unite pre Covid, but sadly they pulled the vacancy because of it.
A Union is what the members make of it anyway. You are always better off in a Union even when the company pulls shitty stunts in an attempt to blame them like yours. It would be a different story if 100 out of 107 took action.
Good luck. [Post edited 25 Jun 2020 10:38]
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| Employment law on 10:51 - Jun 25 with 949 views | joe90 |
| Employment law on 08:49 - Jun 25 by stowmarketrange |
Cheers mate.The union are advising us not to reply to the email as it’s illegal to send out a threatening email like that,but I’m concerned that if I don’t reply that they’ll take it that I’ve resigned.
I was going to send a simple email stating that I didn’t think that their job alternative was a reasonable replacement for my existing role,and the matter is in the hands of my union.
I do have a list of reasons why I think it’s unacceptable,but I wasn’t sure it was relevant to send them to my employer yet. |
Ah, I see.
I wasn't advising sending a threatening letter! Responding to a job offer is part of the redundancy process. If you're now part of the TU, definitely follow their advice, but also check it against Acas advice.
In the meantime, it's worth checking your contract for a 'mobility clause'. |  | | |
| Employment law on 10:57 - Jun 25 with 938 views | joe90 |
That's correct.
To go to an ET you first have to go through the Acas early conciliation process. Acas will offer conciliation, if you decline you can then proceed to take your case to the ET. | | | |
| Employment law on 12:59 - Jun 25 with 887 views | stowmarketrange |
| Employment law on 10:51 - Jun 25 by joe90 |
Ah, I see.
I wasn't advising sending a threatening letter! Responding to a job offer is part of the redundancy process. If you're now part of the TU, definitely follow their advice, but also check it against Acas advice.
In the meantime, it's worth checking your contract for a 'mobility clause'. |
No sorry mate,that’s what the union told me that my company had sent to me rather than me send one to them.
I was very composed and wrote to them very politely why I couldn’t take up their offer of spending all of the week sleeping in a truck in nowhereland up north.
I await their reply with glee. | | | |
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| Employment law on 15:22 - Jun 25 with 830 views | stowmarketrange |
I just received an email offering me redundancy terms,so it looks like I’ll be going anyway.It won’t be much but it’s better than walking away with nothing.
Thanks again for all your help and advice.
If you’re ever driving through rural Suffolk and you see a lollipop man,it might be me. | | | |
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