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Legal position re: National Agreements - case law advice needed pls

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  • #16
    Re: Legal position re: National Agreements - case law advice needed pls

    [quote=teaboy2;236455]Then more fool him them, thats all i can say.quote]

    Yup

    Thanks for your help Teaboy, makes it so much easier just to talk it over with someone who knows what Im on about!

    I did wonder if you could help me out on another question regarding Business plans/Reorganisation - If a planned restructure is drawn up in January of yr 1 but not fully implemented until March of yr 2 and interim structures are announced during this period because there are obvious redundancies that are being carried out in stages, what implications are there?
    There are many ways to achieve the same result - careful consideration and planning are the key to getting the result that you want!

    Comment


    • #17
      Re: Legal position re: National Agreements - case law advice needed pls

      [quote=Skaatiii;236459]
      Originally posted by teaboy2 View Post
      Then more fool him them, thats all i can say.quote]

      Yup

      Thanks for your help Teaboy, makes it so much easier just to talk it over with someone who knows what Im on about!

      I did wonder if you could help me out on another question regarding Business plans/Reorganisation - If a planned restructure is drawn up in January of yr 1 but not fully implemented until March of yr 2 and interim structures are announced during this period because there are obvious redundancies that are being carried out in stages, what implications are there?
      Depends if the intrium restructuring occurs or not, in regards to the positions made redundant and therefore not given to new employees. If they are people employed in what was suppose to be a redundant positions after the person that originally held the redudant postions was made redundant, then their woud be a serious issue there.

      Bascially if the positions held by the employees made redudant are not reinstated as positions in the company and given to new employees, then its there no problem. But if they are reinstated positions by the company then the company is in trouble.

      Can you be more specific as to the issue around the redundancy itself? That way i can give more effective advice that is relevant to your partners case.
      Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (LB),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

      By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

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      The Governess; 6th March 2012 GRRRRRR

      Comment


      • #18
        Re: Legal position re: National Agreements - case law advice needed pls

        Hi all im back with another query - and i need a quick answer if possible....

        If a Notice of Termination for redundancy is issued at the final meeting (say on 17.1.2012) with immediate gardening leave arranged and a final date of employment being stated as 20.1.2012 - can it be dated 24.1.2012? One copy was provided by hand on 17.1.2012 and a further copy issued by post and received 23.1.2012 i.e. both letters arrived before the date of the letter?
        Last edited by Skaatiii; 25th January 2012, 02:29:AM. Reason: spelling tut
        There are many ways to achieve the same result - careful consideration and planning are the key to getting the result that you want!

        Comment


        • #19
          Re: Legal position re: National Agreements - case law advice needed pls

          Originally posted by Skaatiii View Post
          Hi all im back with another query - and i need a quick answer if possible....

          If a Notice of Termination for redundancy is issued at the final meeting (say on 17.1.2012) with immediate gardening leave arranged and a final date of employment being stated as 20.1.2012 - can it be dated 24.1.2012? One copy was provided by hand on 17.1.2012 and a further copy issued by post and received 23.1.2012 i.e. both letters arrived before the date of the letter?

          Hi Skaatii,

          My best guess - they could say it was a typo (ie should have been dated 14/01).

          What, if any, prejudice was caused by the incorrect date?

          Was there payment in lieu of notice?

          Does the contract of employment allow PILON? (see links below)

          http://www.hrmagazine.co.uk/hro/feat...u-notice-pilon

          http://www.icaew.com/en/library/subj...larifies-rules

          If not, the employer could be in breach, which has implications re tax.

          http://www.hmrc.gov.uk/manuals/eimanual/eim12976.htm
          Last edited by charitynjw; 25th January 2012, 04:05:AM.
          CAVEAT LECTOR

          This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

          You and I do not see things as they are. We see things as we are.
          Cohen, Herb


          There is danger when a man throws his tongue into high gear before he
          gets his brain a-going.
          Phelps, C. C.


          "They couldn't hit an elephant at this distance!"
          The last words of John Sedgwick

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          • #20
            Re: Legal position re: National Agreements - case law advice needed pls

            HI Charitynjw, Yes PILON was paid for full period. I don't know why i was thrown by the date issue, its just one of many administrative errors during the process - it was just really bugging me when reviewing the paperwork for next week Thanks for your prompt reply - its nice to know im not the only person awake in the wee hours
            There are many ways to achieve the same result - careful consideration and planning are the key to getting the result that you want!

            Comment


            • #21
              Re: Legal position re: National Agreements - case law advice needed pls

              OK - another question .... If the employer holds a meeting by telephone to unknown numbers of staff on 31.08.2011 advising of potential redundancies due to business unit closure i.e. one entire area of the company closing (BUT some departmental posts are merging with another business unit) and announcing the start of a 30 day consultation period.... and I wasnt in attendance so was not notified of my post being at risk until 18.09.2011 .... and I have a HR1 dated 13.09.2011 stating 90 day consultation starting 14.09.2011 due to business place closure at the place I work (and i cant get the other party to supply any HR1) .... is it safe to assume that because I wasnt notified until after the HR1 stating 90 day consultation was actioned - it should apply to me or assume that a previous HR1 was issued with the 30 days being valid?

              In short how do i verify what HR1 I am covered by? and where do i stand legally if the HR1 for 90 days had been triggered before I was informed?
              There are many ways to achieve the same result - careful consideration and planning are the key to getting the result that you want!

              Comment


              • #22
                Re: Legal position re: National Agreements - case law advice needed pls

                OK - another question .... If the employer holds a meeting by telephone to unknown numbers of staff on 31.08.2011 advising of potential redundancies due to business unit closure i.e. one entire area of the company closing (BUT some departmental posts are merging with another business unit) and announcing the start of a 30 day consultation period.... and I wasnt in attendance so was not notified of my post being at risk until 18.09.2011 .... and I have a HR1 dated 13.09.2011 stating 90 day consultation starting 14.09.2011 due to business place closure at the place I work (and i cant get the other party to supply any HR1) .... is it safe to assume that because I wasnt notified until after the HR1 stating 90 day consultation was actioned - it should apply to me or assume that a previous HR1 was issued with the 30 days being valid?

                In short how do i verify what HR1 I am covered by? and where do i stand legally if the HR1 for 90 days had been triggered before I was informed?

                .................BUMP

                Could really do with an answer to the above if anyone could comment pls - TIA xx
                There are many ways to achieve the same result - careful consideration and planning are the key to getting the result that you want!

                Comment

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