employment law help please
Discussion
Not for me I'm almost retired.
My step daughter (single mum) has been been employed for 18 months with the same firm, but they were acquired by a bigger nastier competitor in Feb this year. They have been making people redundant in the Maidenhead office where she works (as it looks like they want to close it). She has survived two rounds of redundancy, and started a new role in telephone pre sales with them three months ago with 3K pay rise. Until three weeks ago she had only taken two sick days (which for a 27 year single mum is a huge achievement). A combination of factors including a child custody hearing, and some other issues has meant she was signed off sick for two weeks under the "depression" label. My wife flew over a week ago to offer some support, and help get her back to thinking straight.
She has returned to work today to be told that she has been demoted, although she is effectively doing the same job (making appointments for lazy sales guys with no telephone/cold calling skills). Her pay has been cut by the £3K rise that she got three months ago.
She is clearly not happy with this, and will no doubt seek alternative employment, but another employer may not be so easy to find at the moment.
Can her employer change her terms (read cut pay) and job title without
any redress? What is her best line of action to get her pay and position restored?
Any help much appreciated. thanks
My step daughter (single mum) has been been employed for 18 months with the same firm, but they were acquired by a bigger nastier competitor in Feb this year. They have been making people redundant in the Maidenhead office where she works (as it looks like they want to close it). She has survived two rounds of redundancy, and started a new role in telephone pre sales with them three months ago with 3K pay rise. Until three weeks ago she had only taken two sick days (which for a 27 year single mum is a huge achievement). A combination of factors including a child custody hearing, and some other issues has meant she was signed off sick for two weeks under the "depression" label. My wife flew over a week ago to offer some support, and help get her back to thinking straight.
She has returned to work today to be told that she has been demoted, although she is effectively doing the same job (making appointments for lazy sales guys with no telephone/cold calling skills). Her pay has been cut by the £3K rise that she got three months ago.
She is clearly not happy with this, and will no doubt seek alternative employment, but another employer may not be so easy to find at the moment.
Can her employer change her terms (read cut pay) and job title without
any redress? What is her best line of action to get her pay and position restored?
Any help much appreciated. thanks
No expert (disclaimer) but I get involved in a lot of takeovers (my company, based in Maidenhead takes over other companies a lot, though not this one I think!!!)
As she had been working for less than a year with the company when it was taken over, she fell outside the remit of TUPE, which loosely would have meant her terms and conditions had to stay the same for 12 months.
So she has no real leg to stand on as I see it - she should be glad that she still has a job in the current climate, especially with a company that has been acquired recently as these people are usually the first to go.
Does sound a bit strange though.
As she had been working for less than a year with the company when it was taken over, she fell outside the remit of TUPE, which loosely would have meant her terms and conditions had to stay the same for 12 months.
So she has no real leg to stand on as I see it - she should be glad that she still has a job in the current climate, especially with a company that has been acquired recently as these people are usually the first to go.
Does sound a bit strange though.
Maybe. Despite two role changes since January, she has not been given a new written contract, but her new pay level has been paid, and the company cannot deny the new role as they have sent and received emails with her new job title.
She has effectively been with same employer for 18 months.
If what you are saying is correct, then a company could merely get acquired regularly to avoid employment contract issue.
She has effectively been with same employer for 18 months.
If what you are saying is correct, then a company could merely get acquired regularly to avoid employment contract issue.
Indeed, if you have been employed for less than 12 months then you can get terminated on day of aquisition on minimum statutory terms no questions. But that's only at that time - the length of service clock does not get reset on acquisition.
However, as she now has 18 months service (it carries through) then she has rights which she should be investigating about changes in terms and conditions.
However, as she now has 18 months service (it carries through) then she has rights which she should be investigating about changes in terms and conditions.
Broomsticklady said:
Were you also aware that depression is now legally classified as a disabilty, and as such your step daughter has certain rights?
I did a performance management course recently and that was mentioned. Does that mean I can park outside the door at Waitrose now? 
ETA - just to be clear, this only applies to the PH Gloomy club!
Edited by tonyvid on Wednesday 24th September 11:19
tonyvid said:
Broomsticklady said:
Were you also aware that depression is now legally classified as a disabilty, and as such your step daughter has certain rights?
I did a performance management course recently and that was mentioned. Does that mean I can park outside the door at Waitrose now? ETA - just to be clear, this only applies to the PH Gloomy club!
Simpo Two said:
Broomsticklady said:
Were you also aware that depression is now legally classified as a disabilty, and as such your step daughter has certain rights?
I'm a bit depressed - send money!
Out of order Simpo. Whilst I am usually quick to take the piss, and have expressed my views on the workshy here many a time, she is after advice on what her legal position is wrt to her salary and position.
Whilst she screwed up big time getting pregnant by a scumbag, she has been working and paying tax for the past four years. She could get just as much money by sitting on her arse, but she chooses not to. She earns just a few quid more than the public funding (legal aid) threshhold, and so is not entitled to a two grand/day barrister like her ex. It is more than a little intimidating in court (and indeed in the waiting area before going into court). The ex who has never done an honest day's work in his life is aided by the state to make her life a lot harder than it should be. Net result every couple of years, the pressure gets too much and she throws a wobbly.
Back to the question anyone got any views on her legal position.
Try RichBurley he he's a Pistonheader and helped me out with employment law problems.
Link is www.burleyslaw.co.uk, very decent chap in my experience was glad to talk things without charge.
Link is www.burleyslaw.co.uk, very decent chap in my experience was glad to talk things without charge.
smithsi said:
Try RichBurley he he's a Pistonheader and helped me out with employment law problems.
Link is www.burleyslaw.co.uk very decent chap in my experience was glad to talk things without charge.
Quoted to fix URLLink is www.burleyslaw.co.uk very decent chap in my experience was glad to talk things without charge.
Gassing Station | The Pie & Piston Archive | Top of Page | What's New | My Stuff