O/T..... can/should a company do this..........
O/T..... can/should a company do this..........
Author
Discussion

anarchystorm

Original Poster:

943 posts

287 months

Tuesday 1st April 2003
quotequote all
My mate has just emailled me that he was asked to make a decision on his future. He has worked for the company for 4 years and in June he is going into the Police Force. The MD called him into her office today and asked him to make a decision - either leave now or commit to them for the future. He had no choice and left with a months pay.

I think that is really quite harsh, not only has he worked incredibly hard for that company but he has been acting account manager for 10 months on the same basic pay.

Do you feel that this is totally unjust as I do?

tuscan_s

3,173 posts

304 months

Tuesday 1st April 2003
quotequote all
On one side I can understand that he is entitled to a bit more respect but on the other they are running a business and they need to know for sure so they can plan for the future.

Did they know he was leaving in June? If so then why couldn't they keep him on to train up and work alongside a newbie?

pdv6

16,442 posts

292 months

Tuesday 1st April 2003
quotequote all
Or, what's to stop him 'committing' for now and leaving in June anyway? Just don't sign anything!

FLAT 6

480 posts

291 months

Tuesday 1st April 2003
quotequote all
Tell you mate to enjoy his 8 weeks holiday! Sound's like he's better off out of the place anyway.

anarchystorm

Original Poster:

943 posts

287 months

Tuesday 1st April 2003
quotequote all
I am probably not allowed to slate a compnay on here but just in case any of you might in the future move to a company called

He is just taking the eight weeks holiday now. He got his months wages in a lump sum and is going to relax, he has his interview 2mo with the force.

I know we arent the greatest fan of the Police but he is a good judgement of character and I believe he will be a good Copper.

Anyone got horror company stories?!!

Alex

9,978 posts

315 months

Tuesday 1st April 2003
quotequote all
I'm no legal expert, but it sounds like he may have a case for constructive dismissal.

mrsd

1,502 posts

284 months

Tuesday 1st April 2003
quotequote all
Depends on contractual situation. If he's on a month-by-month or his contract was up for renewal then they can do what they like, but if it's permanent this sounds a bit dodgy. Any of the legal eagles on here today ?

Igg

273 posts

291 months

Tuesday 1st April 2003
quotequote all
MD of a company myself, and if I treated someone like that I would expect to be hearing from their solicitors or the C.A.B.

Wouldn't think it would be viewed as 'fair'.

Igg

dave_s13

14,031 posts

300 months

Tuesday 1st April 2003
quotequote all

anarchystorm said: he has his interview 2mo with the force.




That reads as if he's not actually in the Force yet?? is that right?

If so he could be in depp doodoo, the Police Force interview is a right bastard.

anarchystorm

Original Poster:

943 posts

287 months

Tuesday 1st April 2003
quotequote all
Cheers PH'ers, I am getting him to get it looked into. I did feel it was a bit unfair and I believe he is on a permanent ongoing contract as he ash been there for over four years.

I will post more info when I have found out.

dontlift

9,396 posts

289 months

Tuesday 1st April 2003
quotequote all

Alex said: I'm no legal expert, but it sounds like he may have a case for constructive dismissal.


Agreed

anarchystorm

Original Poster:

943 posts

287 months

Tuesday 1st April 2003
quotequote all

dave_s13 said:

anarchystorm said: he has his interview 2mo with the force.




That reads as if he's not actually in the Force yet?? is that right?

If so he could be in depp doodoo, the Police Force interview is a right bastard.


No he is not yet in the force. I think he should breeze it though.

dave_s13

14,031 posts

300 months

Tuesday 1st April 2003
quotequote all
errrr don't know about that m8. Its not the easiest recruitment process.

Mind he could a crimefighting genius for all I know, good luck to him.

:fuksoffwithheadinhandsaftertryingtogetintotheplod3fukingtimes:

NDT

1,767 posts

294 months

Tuesday 1st April 2003
quotequote all

anarchystorm said: Cheers PH'ers, I am getting him to get it looked into. I did feel it was a bit unfair and I believe he is on a permanent ongoing contract as he ash been there for over four years.




so he's a contractor then?
no sympathy in that case.
If they were doing this to a proper employee then it would be dodgy.

mrsd

1,502 posts

284 months

Tuesday 1st April 2003
quotequote all
Err, could be a contract of employment

NDT

1,767 posts

294 months

Tuesday 1st April 2003
quotequote all

mrsd said: Err, could be a contract of employment


fair 'nuff.
was just being a bit controversial.

joust

14,622 posts

290 months

Tuesday 1st April 2003
quotequote all
That is a clear case of constructive dismissal.

Effectivly the company was trying to modify the person's terms of employment unilaterally. The statement "commit to the next 10 months" is effectivly asking for a 10 month notice period. In order to increase the notice period of a contract, you have to go through a contract notification and modification process. At any time before signing the new contract the employee is entitled to say "nope - I'm not interested in the new terms" and rever to the old contract.

I would suggest that as a first step your friend talks to the CAB. A case for constructive dismissal is effectivly free to take, and is not predujiced by the fact that he has taken the money and left.

Have a look at www.pistonheads.com/gassing/topic.asp?f=23&h=&t=26017 for a very similar situation.

J