employment law help
Discussion
We had a factory foreman working for ourselves who had been promoted to this position and one day after some 9 months he decided he did'nt want the position anymore and went back working on the factory floor.
We had a meeting with him and he was informed that he had resigned from his position and he could work back on the factory floor ( as a favour to himself rather than loosing his job) but he would start from scratch under a new contract. He now refuses to sign his contract from the new date as he has been informed by his solicitor as he did'nt leave the company he has been under continuous employment and his original start date remains - is there anything we can do and is he correct ?
We had a meeting with him and he was informed that he had resigned from his position and he could work back on the factory floor ( as a favour to himself rather than loosing his job) but he would start from scratch under a new contract. He now refuses to sign his contract from the new date as he has been informed by his solicitor as he did'nt leave the company he has been under continuous employment and his original start date remains - is there anything we can do and is he correct ?
h4rvy said:
We had a factory foreman working for ourselves who had been promoted to this position and one day after some 9 months he decided he did'nt want the position anymore and went back working on the factory floor.
We had a meeting with him and he was informed that he had resigned from his position and he could work back on the factory floor ( as a favour to himself rather than loosing his job) but he would start from scratch under a new contract. He now refuses to sign his contract from the new date as he has been informed by his solicitor as he did'nt leave the company he has been under continuous employment and his original start date remains - is there anything we can do and is he correct ?
contact richburley on here:We had a meeting with him and he was informed that he had resigned from his position and he could work back on the factory floor ( as a favour to himself rather than loosing his job) but he would start from scratch under a new contract. He now refuses to sign his contract from the new date as he has been informed by his solicitor as he did'nt leave the company he has been under continuous employment and his original start date remains - is there anything we can do and is he correct ?
http://www.burleyslaw.co.uk/
he is a friend and specialises in employment law and if you ring him, the first call is free, tell him simon sent you.... he has done loads of work for phers.
Dupont666 said:
h4rvy said:
We had a factory foreman working for ourselves who had been promoted to this position and one day after some 9 months he decided he did'nt want the position anymore and went back working on the factory floor.
We had a meeting with him and he was informed that he had resigned from his position and he could work back on the factory floor ( as a favour to himself rather than loosing his job) but he would start from scratch under a new contract. He now refuses to sign his contract from the new date as he has been informed by his solicitor as he did'nt leave the company he has been under continuous employment and his original start date remains - is there anything we can do and is he correct ?
contact richburley on here:We had a meeting with him and he was informed that he had resigned from his position and he could work back on the factory floor ( as a favour to himself rather than loosing his job) but he would start from scratch under a new contract. He now refuses to sign his contract from the new date as he has been informed by his solicitor as he did'nt leave the company he has been under continuous employment and his original start date remains - is there anything we can do and is he correct ?
http://www.burleyslaw.co.uk/
he is a friend and specialises in employment law and if you ring him, the first call is free, tell him simon sent you.... he has done loads of work for phers.
h4rvy said:
Dupont666 said:
h4rvy said:
We had a factory foreman working for ourselves who had been promoted to this position and one day after some 9 months he decided he did'nt want the position anymore and went back working on the factory floor.
We had a meeting with him and he was informed that he had resigned from his position and he could work back on the factory floor ( as a favour to himself rather than loosing his job) but he would start from scratch under a new contract. He now refuses to sign his contract from the new date as he has been informed by his solicitor as he did'nt leave the company he has been under continuous employment and his original start date remains - is there anything we can do and is he correct ?
contact richburley on here:We had a meeting with him and he was informed that he had resigned from his position and he could work back on the factory floor ( as a favour to himself rather than loosing his job) but he would start from scratch under a new contract. He now refuses to sign his contract from the new date as he has been informed by his solicitor as he did'nt leave the company he has been under continuous employment and his original start date remains - is there anything we can do and is he correct ?
http://www.burleyslaw.co.uk/
he is a friend and specialises in employment law and if you ring him, the first call is free, tell him simon sent you.... he has done loads of work for phers.
Both are right - and wrong
He has been an employee since he joined you and despite moving job he is still an employee. He has not left your company so his employment is continuous. He no longer wishes to have a position of responsibility so you have offered him the opportunity to work at a lower level ( on presumably a lower wage). You have issued a new contract which reflects his new job and employment details as of the start of his most recent change of responsibilities. This is the correct thing to do. His employment has not been terminated and re-started, his terms and conditions have changed.
Explain that the new contract reflects his new terms and conditions - that his employment is continuous and that as far as the company is concerned he commenced work on the date he originally came to work for you
If he refuses ( for whatever reason) to sign the new contract but continues to work he would be deemed to have accepted it. If he refuses to sign and indicates an intention to leave you need to check that there is not something in the new contract which could be held to be utterly unreasonable and leave him with no choice but to resign from the company. If his new terms and conditions are broadly similar to the ones from which he was promoted some time ago you should be OK
He has been an employee since he joined you and despite moving job he is still an employee. He has not left your company so his employment is continuous. He no longer wishes to have a position of responsibility so you have offered him the opportunity to work at a lower level ( on presumably a lower wage). You have issued a new contract which reflects his new job and employment details as of the start of his most recent change of responsibilities. This is the correct thing to do. His employment has not been terminated and re-started, his terms and conditions have changed.
Explain that the new contract reflects his new terms and conditions - that his employment is continuous and that as far as the company is concerned he commenced work on the date he originally came to work for you
If he refuses ( for whatever reason) to sign the new contract but continues to work he would be deemed to have accepted it. If he refuses to sign and indicates an intention to leave you need to check that there is not something in the new contract which could be held to be utterly unreasonable and leave him with no choice but to resign from the company. If his new terms and conditions are broadly similar to the ones from which he was promoted some time ago you should be OK
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