UK Employment Law
Ask an UK Employment Law Question, Get an Answer ASAP!
For Ben Jones. Sorry for delay, I didn't receive a text informing me you had answered, I have just found your reply in my junk file! I had most of what you said already, it is the contents of the last paragraph that I need some clarification on. If I may summarise; If I am offered a position at £5000+ BELOW my current salary, this will put me in debt within a short period of months, I also believe there is a clear loss of status although the role appears similar I will be going from a salaried Management position to an hourly paid Supervisor. Is the loss in pension benefit a factor in this, likewise the death in service benefit (currently worth £136,000) is important to me as I have a young family (4 children under 11) and it offers comfort and peace of mind should the worst happen to me., and at 50 years old £136,000 life cover is cost prohibitive - especially on a salary that will eventually place me in debt anyway. I understand I can't force them to make me redundant, what I am after is a sound opinion on whether or not if I resigned, my claim for unfair dismissal would be likely to succeed, and if I chose this course, what are the 'number of factors' you refer to that I should focus on.
For Ben Jones Hi, Thanks for that.A couple more questions. When you mention 'Job prospects' would this include the fact that there are unlikely to be further advancement opportunities (I have been steadily advancing over the years and intended to keep doing so) or is it exclusively the examples you give ie permanent to temporary/self employment/fixed term contract etc? If I am refused redundancy and choose to resign, how would notice periods be affected (my current contract stipulates 4 weeks both ways)? Do I resign at the end of my 30 day consultation and expect to work the 30 days, if so would it be at the new lower hourly paid rate?
For Ben Jones. Have rated your answer, thank you. I suppose I will have to wait to see what I am offered formally, If I resign with immediate effect will it not affect any notice payment? My intention is to wait and see if they accept my redundancy application, or a position more in line with my current one. If they do not, is it at this point I notify them of my intentions to resign and claim unfair dismissal, and if so can I work the 4 weeks trial period they have to give me (I believe I have to notify them in writing that this is the case - can you guide me on wording and whether or not I should do it by e-mail please) then reject at the end of the 4 weeks. This gives me another 4 weeks to find an alternative while not eating into my payout too much, or because I intend to resign does that eliminate the 4 week new position trial?
For Ben Jones. Thank you. If I resign, when explaining the reasons why, do I also need to make them aware of the fact that I consider I am being constructively dismissed, and do I inform them I will be pursuing a claim accordingly. Should I resign when the consultation period closes?
For Ben Jones. Sorry, I think we're nearly there. I need to know if I should tell them I consider I am being constructively dismissed, and If I wait until the consultation is closed - or as soon as they make any final offer. If so, do I ask for the final offer in writing.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).