bucketybuck wrote: » Well, they kinda have changed.
Jim2007 wrote: » Nope the have not. The employee has not been give a new contract nor notified of changes to the terms of employment in another way. It really does not matter what you think or feel, it is just a question of fact in law. He main whine to his manager if he wants, but I doubt very much there will be much motivation for the company to change anything.
JustAThought wrote: » OP - there are half a million unemployed and another half a million drawing the covid unemployed payment. How great will your regret and jealousy of those working be if you present your argument to your boss and they find you replacable at half the price (restructured out) . Try and see if you can organise your workload or tasks to WFH one day and if not keep your silence. Colleague comparison and jealousy are not great negotiating tools and what will you do if your manager takes against you as many have here? You are currently the office martyr/saint - why ruin wht you achieved to become the office churlish bad guy? You have also not had to take a cut in pay or in hours. Lucky you.
dubrov wrote: » I am amazed by the number of people on Boards with the opinion that you should work as hard as you can, keep your head down and never complain to your employer. Looking around my friends, those types of people tend to be in the more stressful, poorly paid jobs. Getting to the top with hard work is a myth. Respect and relationships are much more important
ReginaldSmythV wrote: » The general consensus here always seems to be: The company is always right and shall never be questioned. Whatever job you’re in you’re lucky to have it.
Dav010 wrote: » To be fair, that is not what is happening on this thread. The op feels he is somehow losing out by commuting to work as normal. And now when unemployment is high and companies tighten their belt in the coming months, I don’t think whining like this will endear the op to their boss. There are certainly battles to fight, knowing which ones is important.
dubrov wrote: » Not all companies are tightening their belts. Asking for something is not whining although I would agree that asking for something repeatedly would be. In this life, you don't ask, you don't get
Dav010 wrote: » Interesting segment on The Last Word today with two consumer/employment experts, I missed the start of it so didn’t catch their names. They both agreed that those wfh are at a greater risk of losing their jobs as they are out of site and therefore often out of mind. The temptation for employers will be to rely more on those they can see and less of those they can’t so when it comes to cost cutting, the wfh are more vulnerable and more likely to have jobs merged or automated. Their synopsis was, the wfh’s have more to fear than the ones who are in the office and can be seen by management.https://www.todayfm.com/podcasts/the-last-word-with-matt-cooper/workers-likely-made-redundant-theyre-not-seen-office
The Spider wrote: » All this talk of being fired and replaced by someone cheaper is absolute nonsense, it’s illegal to do that. Any employer deciding to take advantage and cu5 some staff would wan5 to be very careful, court cases will stack up. If you make someone redundant that means their position no longer exists, so good luck with making asotware engineer redundant and then hiring a cheaper one, you won’t have a leg to stand on
The Spider wrote: » Again this depends on what you do, people with skill sets can either freelance, work in a company or for themselves, in which case what’s the probl3m with telling the boss what you want? If you’ve been in the company longer than a year he can’t fire you without putting you on a pip, monitoring performance, giving warnings and having some solid evidence, otherwise you can5 be fired.
devnull wrote: » That's very naive. The redundancy laws do state that if someone is laid off then they cannot be replaced with a new hire doing the same role as the job does not exist. That is very true and I am not going to argue with that. But think logically about the wording I have just used and the way around it will become obvious. The common way of getting around such redundancy regulations which can and does happen, is by creating a new job title with a different job spec, with some of the duties of the old job, often deliberately worded in a different way or in more vague terms, along with other duties that were not in the other job spec that are hardly ever required to fatten it out and make it look different. Then there are the people who have been given settlement agreements who are processed as a redundancy to avail of tax breaks for both the company and the employee to get the settlement over the line, only for their replacement to be hired with a slightly different job title or remit so it looks like a different job. Also with many redundancies, even those with consultation periods, the people who are being let go are known right at the start before the consultation even starts and the whole process may be designed to ensure that happens by doing such things as laying off three positions, creating two new ones in a revised structure and then setting the requirements for those two positions as such that the two people they want to keep have an advantage over the one who they would like to get rid of. I'm not saying it is right and ethically it is wrong, but there is a dark side of HR and if you are clever enough, a restructuring of a company is an ideal time to get rid of staff that you otherwise might not be able to. There are so many different tactics that can be used and are frequently up and down the country by HR Departments.
The Spider wrote: » it never works, in most cases the company has to pay above and beyond what it would do
bucketybuck wrote: » Narrator: It does work. The saying "Never waste a good recession" didn't spring up for no reason, the concept of managing somebody out of the business through creative HR practices is a tale as old as time. Sure, companies will frequently do a deal with the employee just to get it done, been there done that, but there is nothing unique about changing roles, reassigning tasks, moving locations, inventing new job titles, all those little facets of the redundancy game. I had a lad once, a toxic employee in every way but thought he was smart. I would have gotten him through the disciplinary process sooner rather than later anyway, but to speed things up I promoted him to a new role developed just for his skillset, gave him a little bump in wages and negotiated a good bonus structure. Even got a good handover period out of him. Yeah, that role doesn't exist anymore. Smart lad alright, didn't even know what game he was playing.
JayZeus wrote: » You’d have some cheek to expect to be compensated in some way for travelling the same way to the same job for the same salary as before COVID-19 emerged. It would be a poor decision to take that argument to a manager. Now is not the time to be holding out your hand looking for more for doing the same. Your sense of entitlement is ridiculous.
The Spider wrote: » Did he see a solicitor, if not he wasn’t that smart, I’ve seen t happen been around it by proxy, our department head at the time when wanting to get rid of one individual, said let’s let him know the door is open, made life difficult for him he still didn’t go, so they did similar to what you describe promoted him into a position they wouldn’t need, then three months later decided to tell him the position was redundant. What did he do? He got his solicitor is what he did, he still went but he went with 150k in his pocket. Same happened with multiple people for multiple reasons, there were those that went quietly but vast majority engaged legal advice. The only people who walk away from a situation like that without seeing a solicitor are people who don’t know their rights, and who don5 get a solicitor to look over a new contract their presented with in line with their new position, which is what everyone should do, so they’re aware of any pitfalls or clauses in the new contract, it’s just common sense. Oh and always go through your email history and select emails that may incrimnate other individuals of absolutely anything and keep them, always have ammunition you’d be surprised what people send in emails.
Jim Root wrote: » Of course it works. I guarantee you there is a couple of lists knocking around most struggling companies at the moment; the “awkward” employees being on the “redundancy” list. There’s loads of ways to make it happen legally.
Dav010 wrote: » Was the person let go in a management/well paid position?
The Spider wrote: » Well more team lead than management, and would’ve been paid decently enough, his solicitor found enough loopholes to drag the company through the courts, like I say even if you get on with everyone and like your boss you should still see a solicitor, you’d do it if you were buying a house, or anything else, Im constantly surprised when people don’t, and it is literally going to stop them being able to provide for their family etc, any new contract the company asks you to sign should be looked over by your solicitor, and where possible get him to deal with it.