Any experience of employment law?

harpo_72

Journeyman Pro
Joined
Feb 20, 2013
Messages
5,527
Visit site
I am currently going through some fun and games.

The company has clearly broken the law, twice, but it seems like employment law is a poor relation.
By that I mean, it’s not considered to be a crime or treated as a crime of note.
It feels like failing to buy a parking ticket is a greater crime ... have I misunderstood or is this just a fact of the UK employment law is just some bit of creative writing?
 

Lord Tyrion

Money List Winner
Moderator
Joined
Sep 9, 2014
Messages
26,991
Location
Northumberland
Visit site
Employment law is serious, very serious. If they are treating it as optional then they are very much out of date, a bit old school. If it affects you, we don't need to know anything about it, then make sure you are covering your back or taking advice. It is a very foolish company that dismisses employment law.
 

Fade and Die

Medal Winner
Joined
Apr 12, 2014
Messages
3,909
Location
Hornchurch
Visit site
Is there a union rep you can speak to? My Brother is the GMB rep at a London hospital and I’m always amazed at his stories of what the company try to get away with. Often it’s middle management not realising they are breaking the law but sometimes it’s something more serious.
Get advice, maybe speak to someone in management further up the chain, always put things in writing and record all meetings (Not surreptitiously) if no rep maybe speak to an employment lawyer like this lot... https://www.slatergordon.co.uk
They give free advice before taking on a case.
 

Hobbit

Mordorator
Moderator
Joined
Sep 11, 2011
Messages
18,852
Location
Espana
Visit site
Employment law is very stringent. The company I worked for put all senior managers through a comprehensive training course on employment law. There is oodles of protection in employment law, both for the individual and the company.

If the company you work for his big enough, and professional enough it will have a company handbook which supplements your contract of employment, and forms part of that contract.

There will be a process in the handbook for you to raise your concerns without it becoming a formal grievance. Sometimes misunderstandings can occur, and it’s in everyone’s best interests to defuse them before they get blown out of all proportion.

PM me if you want a bit more detail.
 

Robin Hood

Well-known member
Joined
Dec 26, 2018
Messages
1,171
Location
Nottingham
Visit site
I would seek professional advice either from within your company (if you are confident that it will be treated confidentially) or outside as Fade&Die recommends.
In the meantime make sure you have very comprehensive notes of who says what and when.
Employment law may seem a bit woolly - but it's not.
Hope you get your issue resolved.
 

harpo_72

Journeyman Pro
Joined
Feb 20, 2013
Messages
5,527
Visit site
I am heading into tribunal. I have gone through the ACAS conciliation process, which the organisation did not engage with.
My solicitor is reviewing the case and was saying that the pay out would be low because I was likely to get another job.
Brutally honest my getting another job is irrelevant, as far as I am concerned the law has been broken and they were given 5 opportunities to resolve
 

Hobbit

Mordorator
Moderator
Joined
Sep 11, 2011
Messages
18,852
Location
Espana
Visit site
Crikey, that’s jumped from A to Z very quickly. Sounds like you’ve started this a good while back.

An NDA usually comes in at just below what the company would expect to pay in legal fees, unless they’ve really screwed up.
 

harpo_72

Journeyman Pro
Joined
Feb 20, 2013
Messages
5,527
Visit site
Crikey, that’s jumped from A to Z very quickly. Sounds like you’ve started this a good while back.

An NDA usually comes in at just below what the company would expect to pay in legal fees, unless they’ve really screwed up.
They sat down and accepted they had not followed the correct process, but they stated they were happy with the outcome.
I am not a member of the union, I am middle management. My rep nearly fell of his seat, he was horrified that they just thought it was within their rights.
Will wait and see what happens, thankfully my home insurance will cover my legal costs. Unfortunately I got costs before I realised I had insurance cover ☹️ So I want recover those on the grounds had they obeyed the law I would not require legal support
 

SocketRocket

Ryder Cup Winner
Joined
Sep 12, 2011
Messages
18,116
Visit site
They sat down and accepted they had not followed the correct process, but they stated they were happy with the outcome.
I am not a member of the union, I am middle management. My rep nearly fell of his seat, he was horrified that they just thought it was within their rights.
Will wait and see what happens, thankfully my home insurance will cover my legal costs. Unfortunately I got costs before I realised I had insurance cover ☹️ So I want recover those on the grounds had they obeyed the law I would not require legal support
Are you a member of a professional body like The Chartered Institute of Management or The Institute of Mechanical/Electrical Engineers. If so they have very good advisors and Solicitors that you can call on.
 

harpo_72

Journeyman Pro
Joined
Feb 20, 2013
Messages
5,527
Visit site
Are you a member of a professional body like The Chartered Institute of Management or The Institute of Mechanical/Electrical Engineers. If so they have very good advisors and Solicitors that you can call on.
No I did not sign up, but I could drop them a line as they will have members in the organisation. Not sure if it would mean anything but the behaviour has been not been professional.
 

harpo_72

Journeyman Pro
Joined
Feb 20, 2013
Messages
5,527
Visit site
Employment law is very stringent. The company I worked for put all senior managers through a comprehensive training course on employment law. There is oodles of protection in employment law, both for the individual and the company.

If the company you work for his big enough, and professional enough it will have a company handbook which supplements your contract of employment, and forms part of that contract.

There will be a process in the handbook for you to raise your concerns without it becoming a formal grievance. Sometimes misunderstandings can occur, and it’s in everyone’s best interests to defuse them before they get blown out of all proportion.

PM me if you want a bit more detail.
Pm sent
 
Top