Anyone know about employment law?

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TheShark

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Hey - just wondering if anyone knows anything about employment law. I have just been made redundant two weeks after signing a permanent contract. This means I now cannot buy my own horse.

It's a weird situation. I was originally made redundant in April but stayed on in a part time freelance capacity. Last month I had an interview elsewhere and the company I worked for seemed to panic about losing me.

So, they offered me a perm contract on less money than I was on before. Because I had nothing else I accepted it. They put a lot of pressure on me to accept the job. They offered it to me the day after my interview elsewhere and said I had to accept it the next day or the offer would be withdrawn. I wasn't allowed to wait and see about the other role. I wasn't offered the other job.

but now, two weeks later I am redundant again. Seems a very strange situation and I am really not sure where I stand. Can anyone advise me or has anyone else been in this situation? I'm just trying to work out whether it is worth getting some legal advice.

Nice of them to do it a week and a half before Christmas. I feel like Bob Cratchett! Thanks for reading.
 
Do you have a contract you can take a look at ?
Unfortunately whether or not you signed a 'permanent' contract it doesnt mean the job is your indefinately.
What reasons have they given you for being made redundant?
What notice have they given you?
I`ve had 2 permanent jobs that i was made redundant from....
 
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Call ACAS if you have any questions:

The Acas Helpline is the place to go for both employers and employees who are involved in an employment dispute or are seeking information on employment rights and rules. The Helpline provides clear, confidential, independent and impartial advice to assist the caller in resolving issues in the workplace.

Call the Helpline on 08457 47 47 47.

I've called them as an employer and they're brilliant.
 
Anyone can be made redundant, regardless of how long you have worked for a firm, there is a specific amount of money they have to pay you based on your age and length of servie, they days of being paid a month for each year have long gone. It is the government weekly wage that is used as the calculator. You can be made to leave immediately, however if they don't give you notice, they have to pay you for the notice period. You can look up redundancy laws on the internet;

http://www.direct.gov.uk/en/Employment/RedundancyAndLeavingYourJob/Redundancy/DG_10029836
 
I'd get some employment law advice from a solicitor that specialises in employment law, you may get this through your household insurance. There are a few of things you can use this to establish -

has fair process be followed to effect the redundancy, ie correct consultation etc;
did you maintain an employment relationship while you were 'freelance' and so have some form of continuity of employment and, therefore, more employee rights;
if the contract was in place and has been mutually accepted by both parties, was correct notice given to terminate the contract - this is separate from the redundancy?

To be honest they sound like a company that you are better off not working for. What a shame you didn't get the other job.
 
Unfortunately I have been in that situation before as well and don't actually think that you have many rights regardless of a contract untill at least a year of un interrupted employment.

Both time I was made redundant was within a few weeks of being just off a year.

You may be able to claim for unfair dismissel but there again that can be a mine field. Sorry to hear of your situation. Happens to the best of us!
 
TicTac said:
Unfortunately I have been in that situation before as well and don't actually think that you have many rights regardless of a contract untill at least a year of un interrupted employment.

Both time I was made redundant was within a few weeks of being just off a year.

You may be able to claim for unfair dismissel but there again that can be a mine field. Sorry to hear of your situation. Happens to the best of us!
Click to expand...

^^^ This
Unfortunatly you can be made redundent at anytime, what you are intitled to really depends on your contract. At my work within my first 3 months (probationary period) the company can terminate my employment and only give me one weeks notice after that its a month. As long as the give you clear reasons, your required notice and it is given in writing theres not much you can do. If however the company employes someone specifically to do your job instead of you or someone with the same job title you had then you can go for unfair dismissal.
 
It depends how long you where originally employed for. It may be considered that your new employment was in fact continuous employment as it is with the same employer.
 
Are the company taking your past years/months in to account? if they are treating you fairly by taking in to account all of your service then there isnt a lot you can do

If they are saying that your new contract made you effectively a new employee with fewer rights and no length of service then I would fight it as constructive dismissal

If they wanted to keep you and were genuine they would have given you a letter highlighting your new role/salary and not a whole new contract (just double check that in case it wasnt a whole new contract) asking you to sign a new contract with a view to making you redundant is a cheap trick :-(

As already recommended ACAS are excellent, you'll have trouble getting through robably but they are really excellent
 
Thank you guys. That's helpful. I will call ACAS and see what they say.

I have a feeling I have been royally stuffed though. Oh well - I probably am better off out of it.

They mentioned doing more freelance for them...the cheek!
 
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