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

[Skaatiii]

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?

[teaboy2]

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

[quote=Skaatiii;236459]

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.

[Skaatiii]

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?

[charitynjw]

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?

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

[Skaatiii]

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

[Skaatiii]

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?

[Skaatiii]

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