Any Employmet Law Experts on here? (UK)
Discussion
Long story short, worked for my company for 18 months and they have recruited a replacement for me as I was going to move to a more senior role, location contract. The later has fallen through but the new guy is now in post and doing my job. Work, as am I are trying very hard to find me another role but they have started talking about terminating my contract as I'm quite expensive to keep around.
Under the 2 year ruling and Unfair Dismissal there are specific reasons they could not do this to me but my situation does not fall into any of these.
Q. If they go for dismissal and feel protected by the 2 year ruling then what's my options in the real world talking away the initial "oh that's not fair and they can't do that" thoughts.
Note my history with them and the client is unmarked and vey good.
Cheers in advance folk.
Under the 2 year ruling and Unfair Dismissal there are specific reasons they could not do this to me but my situation does not fall into any of these.
Q. If they go for dismissal and feel protected by the 2 year ruling then what's my options in the real world talking away the initial "oh that's not fair and they can't do that" thoughts.
Note my history with them and the client is unmarked and vey good.
Cheers in advance folk.
I would have thought they would have to put you and your replacement "at risk" and follow a formal redundancy process
Why they would pay someone redundancy when they could just let your replacement go with no reason nor compensation required would make me think you are being engineered out
Why they would pay someone redundancy when they could just let your replacement go with no reason nor compensation required would make me think you are being engineered out
S800VXR said:
Long story short, worked for my company for 18 months and they have recruited a replacement for me as I was going to move to a more senior role, location contract. The later has fallen through but the new guy is now in post and doing my job. Work, as am I are trying very hard to find me another role but they have started talking about terminating my contract as I'm quite expensive to keep around.
Under the 2 year ruling and Unfair Dismissal there are specific reasons they could not do this to me but my situation does not fall into any of these.
Q. If they go for dismissal and feel protected by the 2 year ruling then what's my options in the real world talking away the initial "oh that's not fair and they can't do that" thoughts.
Note my history with them and the client is unmarked and vey good.
Cheers in advance folk.
You say you have worked there for 18 months.Under the 2 year ruling and Unfair Dismissal there are specific reasons they could not do this to me but my situation does not fall into any of these.
Q. If they go for dismissal and feel protected by the 2 year ruling then what's my options in the real world talking away the initial "oh that's not fair and they can't do that" thoughts.
Note my history with them and the client is unmarked and vey good.
Cheers in advance folk.
Less than 2 years you have no real rights.
There are of course exceptions, such as in cases of discrimination. Unless you fall into a protected group, and you can show that the reason they are dismissing you is based on something to do with that, there isn't a thing you can do.
It's always worth giving ACAS a call, but I imagine they'll tell you the same thing.
The 2 year thing seems a crock of shyte to me but that's the law. If I have done nothing wrong (actually saved the contract for them) then I can't see how they can simply terminate my contract and let someone new do the same job without paying me off either willingly via a compromise agreement or forceably through the courts...??
They just can, and it sucks. I think it's disgusting, and that employers should have to show that someone was on a temporary contract in order to just bin them, otherwise barring any contractual probationary periods then you have to justify binning them, but alas I don't make the law and have been on the receiving end of just how simple it is to reduce headcount when you've got staff there less than 2 years.
The long and short of it is, unless you can get pregnant, you've an uphill struggle (race/sexual orientation/political belief/etc. card) at best and no chance at worst of being able to stop them just saying 'don't come back, thanks'.
Stupid rule dreamt up by retards who reacted badly to the law making it too difficult to bin off problem staff.
The potential positive is that you're familiar with your job, and the other guy is new to it, so have a slight advantage. The downside is if you're more expensive, they probably don't care all that much.
The long and short of it is, unless you can get pregnant, you've an uphill struggle (race/sexual orientation/political belief/etc. card) at best and no chance at worst of being able to stop them just saying 'don't come back, thanks'.
Stupid rule dreamt up by retards who reacted badly to the law making it too difficult to bin off problem staff.
The potential positive is that you're familiar with your job, and the other guy is new to it, so have a slight advantage. The downside is if you're more expensive, they probably don't care all that much.
Joeguard1990 said:
Am I wrong in assuming your a contractor and not permanent?
Yes, from what has been described.He works as a permanent employee of Company A, who have been contracted to provide a service to Company B. Thus, his entire day's work consists of working for the 'Company B contract', but he remains a permanent employee (with all of the benefits) of Company A.
Easily mistaken, as soon as anyone mentions the word 'contract' the alarm bells start going.
Randomthoughts said:
Joeguard1990 said:
Am I wrong in assuming your a contractor and not permanent?
Yes, from what has been described.He works as a permanent employee of Company A, who have been contracted to provide a service to Company B. Thus, his entire day's work consists of working for the 'Company B contract', but he remains a permanent employee (with all of the benefits) of Company A.
Easily mistaken, as soon as anyone mentions the word 'contract' the alarm bells start going.
So does that clarification mean they can not simply terminate my employment and give the role to a new guy. BTW the new guy is only about 3k a year cheaper than me but I make over 67k hidden extra profit on top of the contractual 10% mark up on all contract costs.
Edited by S800VXR on Tuesday 18th November 18:07
S800VXR said:
So does that clarification mean they can not simply terminate my employment and give the role to a new guy
Nope. You're both as easy to get rid of (they just wave out the window at you after telling you it isn't working out).Your saving grace is the amount of money you bring in vs the negligible cost difference. That MAY just sway the bean counters, but don't count on it. They may just see bottom line.
Magic919 said:
You are toast.
Well if things go badely then the client who I get on well with will end up with a file detailing true costs and claimed contract costs as he knows we over charge but can't prove it and whilst he won't bother digging whilst it's going well he would action some claw back if he was presented with the bare facts as they like auditing us and claiming monies back.
k off. It has nothing to do with anything apart from my current employment.S800VXR said:
Well if things go badely then the client who I get on well with will end up with a file detailing true costs and claimed contract costs as he knows we over charge but can't prove it and whilst he won't bother digging whilst it's going well he would action some claw back if he was presented with the bare facts as they like auditing us and claiming monies back.
Wouldn't be the most intelligent decision you ever took. I'd hazard a guess that it'd end up with you on the wrong side of an argument in court.Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff