Employment rights - new job then redundancies
Discussion
My lodger had been working in his first job since Uni for the past 2 years. He decided to leave as he was being way under paid and getting nothing more from the experience.
He waited until he had a new job so only left his old secure position after being made an offer of employment. The company that he subsequently joined only 3 weeks ago has now been bought out and they are making his department redundant. This process will take until may next year but does he have any kind of come back?
Of course he may be offered relocation but it is out of the question due to his family circumstances. There is no guarantee he would even be given the option of this anyway. So basically he left a safe job and now 3 weeks later is facing redundancy. The company made it clear they were under negotiations but that there should be no risk to this department. Personally I feel the company has acted a little unfairly but is there any recourse at all?
He waited until he had a new job so only left his old secure position after being made an offer of employment. The company that he subsequently joined only 3 weeks ago has now been bought out and they are making his department redundant. This process will take until may next year but does he have any kind of come back?
Of course he may be offered relocation but it is out of the question due to his family circumstances. There is no guarantee he would even be given the option of this anyway. So basically he left a safe job and now 3 weeks later is facing redundancy. The company made it clear they were under negotiations but that there should be no risk to this department. Personally I feel the company has acted a little unfairly but is there any recourse at all?
I'm not sure what recourse you think he might have. The company are hardly going to stop the redundancies becuase he's only been there 3 weeks.
He should just take encouragement from the fact that he was at least good enough to get the job in the first place which means his prospects for the future aren't looking too bad. And if he's only been there 3 weeks then there's a good chance he won't be held to any notice period when he finds anoher job, which will give him an advantage over any other candidates...
I sympathise, but it's look for a new job time (again).
He should just take encouragement from the fact that he was at least good enough to get the job in the first place which means his prospects for the future aren't looking too bad. And if he's only been there 3 weeks then there's a good chance he won't be held to any notice period when he finds anoher job, which will give him an advantage over any other candidates...
I sympathise, but it's look for a new job time (again).
there is a possiblity he could go back but he would just be stuck doing a job that has zero challenge or interest and is way under paid for what he did do.
The reason I am asking about if there is any recourse - he was promised a job, left a job on that promise and 3 weeks in told he is redundant. Surely if that happend to you, you would want to check things out?
Its like buying a house, paying your mortgage each month then despite upholding your side of the agreement the bank takes it from under you
The reason I am asking about if there is any recourse - he was promised a job, left a job on that promise and 3 weeks in told he is redundant. Surely if that happend to you, you would want to check things out?
Its like buying a house, paying your mortgage each month then despite upholding your side of the agreement the bank takes it from under you
Hmmm, because he's been there such a short time, I don't think he can do anything. Certainly not if he's on '3 months probation', which is fairly typical with jobs now. If he tries to fight it, they'll just rid him under the 3 month probation, at a guess.
It seems odd though that they'd employ someone when they will have known there was a possibility of this happening.
I would just say to hang in there, and keep looking for another job. Use this as an experience, as you say he has a while left there, and find another job. Obviously this is easier/harder dependant on occupation.
It seems odd though that they'd employ someone when they will have known there was a possibility of this happening.
I would just say to hang in there, and keep looking for another job. Use this as an experience, as you say he has a while left there, and find another job. Obviously this is easier/harder dependant on occupation.
I think this probably just counts as bad luck. If your friend knew that the company was being taken over when he joined it, you could say that he accepted the risk. I'd just start looking for another job.
The only glimmer of hope might be a case that happened in North Tyneside I think. A person was offered a job, which was then withdrawn when it became clear that a reduction in staff was required. However, the prospective employee had already put in her notice at her old employer who refused to allow her to withdraw it (as is their right). Despite never having worked for the new employer she successfully claimed under contract law for unfairly inducing her to terminate her previous contract.
However, I don't think that would work in this case unless the new employer can be shown to have been lying when they said it would affect your friend.
The only glimmer of hope might be a case that happened in North Tyneside I think. A person was offered a job, which was then withdrawn when it became clear that a reduction in staff was required. However, the prospective employee had already put in her notice at her old employer who refused to allow her to withdraw it (as is their right). Despite never having worked for the new employer she successfully claimed under contract law for unfairly inducing her to terminate her previous contract.
However, I don't think that would work in this case unless the new employer can be shown to have been lying when they said it would affect your friend.
stigmundfreud said:
My lodger had been working in his first job since Uni for the past 2 years. He decided to leave as he was being way under paid and getting nothing more from the experience.
He waited until he had a new job so only left his old secure position after being made an offer of employment. The company that he subsequently joined only 3 weeks ago has now been bought out and they are making his department redundant. This process will take until may next year but does he have any kind of come back?
Of course he may be offered relocation but it is out of the question due to his family circumstances. There is no guarantee he would even be given the option of this anyway. So basically he left a safe job and now 3 weeks later is facing redundancy. The company made it clear they were under negotiations but that there should be no risk to this department. Personally I feel the company has acted a little unfairly but is there any recourse at all?
You say the company he has joined has been taken over, and he is now being made redundant. Unfortunately, tough luck. What assurances could the company he joined have given? It isn't them making him redundant - it is the "new" company. If he had joined up, and nothing had changed, then it would be a slightly different story.He waited until he had a new job so only left his old secure position after being made an offer of employment. The company that he subsequently joined only 3 weeks ago has now been bought out and they are making his department redundant. This process will take until may next year but does he have any kind of come back?
Of course he may be offered relocation but it is out of the question due to his family circumstances. There is no guarantee he would even be given the option of this anyway. So basically he left a safe job and now 3 weeks later is facing redundancy. The company made it clear they were under negotiations but that there should be no risk to this department. Personally I feel the company has acted a little unfairly but is there any recourse at all?
Legally, they could give him practically nothing when the time comes (a week per year stat I think). On the other hand, he could make a nice sum out of it, for very little time in the job! Equally, they might have a load more opportunities for him in the new world...
Zeek said:
Legally, they could give him practically nothing when the time comes (a week per year stat I think)
Exactly nothing in fact, as statutory redundancy only kicks in after 2 years, see hereHowever if they want to keep people around until relocation date it is always possible they'll offer something more generous or even some form of retention payment.
cheers all there wasnt much I thought he was able to do if he chose but that tyneside case is interestingly close - they mentioned nothing of job losses during interview etc and in fact they pushed him to leave his current job sooner than his notice period as they wanted someone asap.
I've told him to stick it out, he is considering leaving and going to contract at his old place - madness - the current redundancies wont take effect until next year and I suggested if he wanted to, just contract for current employers and at least learn something new.
He's hard to convince what to do at times and I know its his own decisions but I've been there and done it in the same industry so trying to guide him by my experience. Personally for what he wants I suggested he may have to consider commuting (currently his requirement is job must be within 5 miles of home!!!) or perhaps moving to somewhere more tech needy
I've told him to stick it out, he is considering leaving and going to contract at his old place - madness - the current redundancies wont take effect until next year and I suggested if he wanted to, just contract for current employers and at least learn something new.
He's hard to convince what to do at times and I know its his own decisions but I've been there and done it in the same industry so trying to guide him by my experience. Personally for what he wants I suggested he may have to consider commuting (currently his requirement is job must be within 5 miles of home!!!) or perhaps moving to somewhere more tech needy
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