have been given 5 days then i have been given 5 days then i have to leave my site:New

[halsaps]

have been given 5 days then i have been given 5 days then i have to leave my site:New letter got me worried as mentions dismissal date
is it ok for them to say that. Also the manager who is supposedly helping me says he has set set up training days and 3 times the sites
don't know i am coming i think he just wants to make me redundant and i don't wont that see letter attached. To me it seems he doesn't care about me at all. thanks for any help you can give. also the stand in supervisor said i need to join a union so he doesnt trust him either and he is also a regional manager.
I am lost as to what to say next to him.

[teaboy2]

Re: have been given 5 days then i have been given 5 days then i have to leave my site

Sounds like are saying they gave you notice of dismissal on the 4th September and your notice period is 6 weeks meaning if they haven't found you an alternative site, or if you yourself haven't found an alternative site that they manager on the jobsite, then your contract will be deemed terminate on the 16th October.

They haven't sacked you, but the pay they pay you should be tax free, as its compensatory for breach of contract i.e. not allowing you to work during notice period. They are also saying if a new site is found by them or by you, then your employment will not be terminated. Legally yes they are allowed to terminate your contract via employment, though i would be asking them daily if they have found you a new site and what efforts they are making to do so!

[halsaps]

Re: have been given 5 days then i have been given 5 days then i have to leave my site

you are possibly right but i have sent this following legal advice i got from aa:
RE: Dismissal Date on letter Dated 11/9/15
RE: Removed From Site without reasons letter 1/9/15

Dear Sir/Madam
I am writing with regard to my treatment in the above letters when right at the beginning R S said no reasons for being removed was given and without any evidence shown to me only an email which doesn’t mention anything. Know due to the letter of 11/9/15 mentioning a dismissal date I felt I had to take some legal advice and have been informed I need you to supply me with the reasons for my removal from site and also for the dismissal date and you have 7 days to respond before I take any further action. Sent recorded.
i await there response in 7 ish day

[halsaps]

Re: have been given 5 days then i have been given 5 days then i have to leave my site

on a side issue my payroll department have been messing around with my holiday pay and deductions for at least 2 years can one of you kind people draft me an email that i will send to payroll while they are messing me around i should put this to them my household legal adviser said that it could possibly be heard at an ET at the same time as my unfair dismissal which i have sent off to my employer yesterday for reasons for.

[halsaps]

Re: have been given 5 days then i have been given 5 days then i have to leave my site

From my boss he sent this by email .
Sorry I missed this email it ended up in my junk box for some reason, Yes we should be looking with earnest, as I explained I will continue to look to find you work, but there is only a limited amount of time dgG will pay you without a full time position being found, which is why you and myself must find something. > >Can you send me a copy So i emailed this back:
So what happened to the 5 years you said i could be like this waiting for a new position at my removal meeting do you not remember saying that

[Berniethebolt]

Re: have been given 5 days then i have been given 5 days then i have to leave my site

Hi Halsaps

If I am honest I can see his position however I think they would have to make you redundant which would cost them money therefore it would be easier if you left of your own accord.
I am assuming the area manager is not the owner, it would not be the first time that an area manager has offered something that was not in his power to give.

Any joy on the job front?

[halsaps]

Re: have been given 5 days then i have been given 5 days then i have to leave my site

No just waiting for replies are you any good at drafting emails to payroll departments who deducr money from your holiday pay as well i have have been tolld to bring up ad that can go to et at the same time as my wrongful dismissal

[Berniethebolt]

Re: have been given 5 days then i have been given 5 days then i have to leave my site

At the moment I would prefer not to even try as i am not qualified and TBH do not know enough of the detail. If I had the time i would have been only too willing but I just haven't. Sorry to sound like a heartless sod but at the moment I am up to my neck in tasks to be done before Monday.
I do not fully understand your exact issues so I would be doing you a disservice


Before following anything to do with unfair dismissal I would suggest waiting to see how they terminate your employment , if they make you redundant there are statutory amounts and times that they will need to follow and pay you for so until that happens you can not really make a claim.

What is the Holiday pay situation ?

[Berniethebolt]

Re: have been given 5 days then i have been given 5 days then i have to leave my site

Halsaps

I really think that in order to get the correct help a face to face with someone or at the very least a telephone call with someone who has all the documents in front of them so that they can look at it and ask you questions

Sorry once again.

[halsaps]

Re: have been given 5 days then i have been given 5 days then i have to leave my site

I was suposed to be off from the 6.10.15 -21.10.15 i havent had much holiday all year so have at least 2 weeks left i would say. I get the minimum 28 days a year april to april

[Berniethebolt]

Re: have been given 5 days then i have been given 5 days then i have to leave my site

have they said you can not take it?

If you don't take it they should pay it on termination

[FlamingParrot]

Re: have been given 5 days then i have been given 5 days then i have to leave my site

Before following anything to do with unfair dismissal I would suggest waiting to see how they terminate your employment , if they make you redundant there are statutory amounts and times that they will need to follow and pay you for so until that happens you can not really make a claim.

What is the Holiday pay situation ?

The thing with redundancy is that it's the position rather than the individual that becomes redundant. If your post is taken by someone else then you are not being made redundant.

Some large companies get around the basic redundancy rules with big payouts which are well above statutory redundancy pay, they do so to avoid potential claims since you'd have receive more than a tribunal could award.

[halsaps]

Re: have been given 5 days then i have been given 5 days then i have to leave my site

hi this was the last email yesterday after i mentioned about not knowing that after the 16.10.15 i wont be with omg if they haven't placed me:
I’m here to help resolve a situation not of my making, I did not promise you five years? I clearly advised you of all the details of the process and then confirmed this in a letter. The outcome of the meeting would have been no different had you disagreed, I would still have had to remove you from site and find you alternative work.
You were advised of the process and allowances for companions in a letter sent prior to, and at the meeting, it has to be a union representative or a omG employee. I have responsibility to help find you suitable employment and this is what I will do.

I have also seen my old job advetrised on gumtree and have a screen grab of the ad
I know it is the same site as at the top is the stie number i used.

[Berniethebolt]

Re: have been given 5 days then i have been given 5 days then i have to leave my site

It doesn't sound good
If I were you I would keep looking for alternative jobs but maybe not take one if the pay is substantially lower than your current pay. I believe that they should pay you statutory redundancy pay when you leave
https://www.gov.uk/calculate-your-redundancy-pay

Working on what you have told us it won't really be that much say 5 or 6 weeks pay so not enough to retire on ! Also i do not think you would get any benefits for the weeks that redundancy cover although I may be wrong.

I know you feel this is unfair and I agree but I think it may well be legal. Were you offered the opportunity of a witness in writing?

In addition they should pay you holiday pay outstanding

I wish I could help more

[halsaps]

Re: have been given 5 days then i have been given 5 days then i have to leave my site

yes it had to be a member of compass group or trade rep and as i had no chance in the time i was given to prepare 5 days. i do have some legal cover so i will be forwarding it all on to them. Thanks for your quick reply.