Off-topic, urgent, help! (Employment Law)

[Dudley]

I was made redundant a couple of months ago, with a notice period lasting up to Christmas.

Another department from within the same company offered me a new job.  I accepted.

They've been dicking me about getting the offer letter over, but I have emails over a 9-day period assuring me that they'll send it "within 24 hours", "within 48 hours", etc, and confirming that the job is mine.

Now they've called me up to meet them in a couple of hours: looks like they are not going to employ anyone in the position.

With 2 hours till the meeting, and eight working days till I get made redundant without a job to go to, I turn to you guys for legal advice: do I have grounds to threaten to sue the arse off them?

[Trout]

I have a law degree, and this is the best advice I can give you:

Get a solicitor, quickly.

I don't know, otherwise. Things are different in England, and the laws on employment can be pretty specific.

James, we're the wrong people to ask.

Good luck, and my sympathies.

- Trout

[Dudley]

Hell, our in-house HR people (who are mates) don't know.  I can't find a solicitor in 2 hours while sitting at work.  I know that this is the wrong place to ask, but was hoping that someone had had a similar experience or something.  

Ah well, cheers anyway.  

James (off to try boredsolicitor.com)

[Darryl]

James - I do a bit of HR at work - and all I can tell you is what has happenned in my own experiences.

Without a written confirmation of a job offer, you dont really have a case. If they had given you a written confirmation of employment - that would count as a contract - and not keeping to that a breach of that contract. however - unless you have firm proof that they offered you this other position, there's not a lot you can do.

That's what has happenned here before - Dont know how 'legal' that is. sorry.

[test 4 echo]

Sorry about your news Dud. Have a look at www.dti.gov.uk and www.ets.gov.uk  Both have heaps of advice and links on employment law.

[Generally Contrary]

I understood that, legally, an e-mail has the same status as a hard-copy letter.  Could be wrong, though.

It seems that the companies actions have been financially damaging, the assurances and promises preventing you from searching for another job in good faith, and the responsibility for this damage is unambiguously in the lap of the company.

Get a lawyer.  Ring the Citizens'Advice.  Talk to the union, even if you're not a member.    

[The Enigmatic Dr X]

Don't panic. Go to the meeting. Listen to what they say. You do not know what they will tell you.

If they are saying there is no job, explain that until this morning you believed the job was yours. Explain that you may wish to take legal advice regarding the situation. Say nothing else. Sign nothing - even if they are offering cash that you are willing to take, explain that it is all a shock and you need time to think about what you will do.

Then contact a solicitor, if needs be.

Remember that, on a practical level, these people will:-

(a) be required to give you a reference at some point in the future;
(b) may be aware they have a moral obligation to assist you

While hard to accept just now, there is no point being aggressive or confrontational.

One idea worth considering is to ask for an extension to your notice period or an ex gratia payment, to take into account the fact that you have not been lookng for another job because you expected this one. In fact, they may even offer this to you.

I suspect, though, that the reality is that if there is no job then they will not make one for you.

[judderman]

Hi
I, along with 10 others, was made redundant about 6 years ago again at this time of year. We had NO notice whatsoever! As some of us had been there for more than 2 years, we were entitled to redundancy money (which took 5 months to come through!!), and those who had been there less that 2 years got nothing. Are you being offered redundancy?
As for them offering you a different position, I am unsure of the legal implications. I guess they can fob you off saying that there was a position but now we do not have need for such a position and thus, we are unable to employ you.
I think they could be in trouble if they offer that position to someone else instead of you, but again, not 100% sure.
Go with the advice of others. Go to the meeting. If its not what you had been promised go to CAB. They are the best people to talk to. My experience with solicitors has been dire. They (generalization) are useless and generally unsympathetic.
I wish you the best of luck. Chin up and I hope it all works out for you.
Regards
John

[Generally Contrary]

This might be a help.

Link: http://www.hrmguide.co.uk/" target="_blank">UK Human Resources Guide

[Bolt-01]

Funt, Keep us informed dude!

Dave

[Queen Firey-Bou]

yeah CG is right, e-mail is as binding in law as a letter.  cits rights, certainly the threat of legal wotsit.

ive heard lots of cases of people being made redundant, then after the hols taken on again , often under shittyer conditions, its an employers scam to avoid various full time long term employee contractual obligations.

don't panic, there will be a billion choices, but stay calm & ruthless & out manoever them. phone cits advice NOW, or some union thingy  ?

[Dudley]

Well, I'm shafted.  The job I was being offered no longer exists.  My job will no longer exist at the end of December.  They have scrabbled around and I am being given every opportunity to remain within the company (MORE frigging interviews!), but no additional sum of money if I fail to take advantage of any of them within the next, ooh, five working days.

Merry funking Christmas, eh?*





*This is self-pity.  In truth, I'm getting redundancy, and I'm very good at my job, so getting a new one won't be a massive problem.  This all comes under the heading of "pain in the arse" rather than "existential life-crisis".

[ming]

Sorry to hear this, Duds.  Not what you need at this time of year, eh?  Hope you get something good sorted out soon.

[Byron Virgo]

Shit, man! You know if there's anything you need anyone to do, you only have to ask any of us on the board.

But looking at it objectively, you know that your both a highly talented and motivated individual who is damn good at his job, so I'm sure that they'll keep you on within the company, and that you'll have a position of appropriate status sorted soon.

Anyway, don't let it spoil your Christmas hol. Chin up, take the opportunity to relax and enjoy the few days of freedom available to you.

[Generally Contrary]

"This all comes under the heading of "pain in the arse" rather than "existential life-crisis"."

I'm glad that you'll be able to get sorted out, even if things aren't exactly hunky dory.