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URGENT, URGENT HELP NEEDED PLEASE. **UPDATED NOW**

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ProfilePosted byOptionsPost Date

Val

Val Report 11 May 2005 16:03

I hope everything works out x

Bec

Bec Report 11 May 2005 15:37

Hope it gets sorted sweetie. Let us know love becx

Unknown

Unknown Report 11 May 2005 15:21

Thanks to all of you. Daves in with HR now, i'll let you know, when i know xx

Helen in Berkshire

Helen in Berkshire Report 11 May 2005 15:14

Donna I'm shocked to hear of the way Dave is being treated by his company. I hope things can be resolved quickly; at least the VP in this country sounds a reasonable person to be dealing with. Thinking of you both. Stay positive! Love Helen

Linda

Linda Report 11 May 2005 14:06

Acas is the correct people to call. Especially if they sack him. The employment tribunal for england and wales is there to protect. The advice from acas is FREE

PinkDiana

PinkDiana Report 11 May 2005 14:05

There has to be a reason for dismissal babe and not agreeing to c**p terms is not a reason!! he really needs the VP to intervene.

Unknown

Unknown Report 11 May 2005 14:01

small update.

The Bag

The Bag Report 11 May 2005 13:48

i can't add anything constructive only that i am thinking of you Jess x

Karen

Karen Report 11 May 2005 13:25

Hi Donna Keep us posted, I've got everything crossed for you and Dave to have a good result from this. Hugs Karen x

Unknown

Unknown Report 11 May 2005 13:02

Strump -l do so hope you can get it sorted - good luck - keep your chins up both of you jude sarf wales xx

Unknown

Unknown Report 11 May 2005 13:01

Your great all of you. My phone has been like a hotline. Im waiting for two solicitors to call me back. Daves gone silent, so i hope this means he is in with the VP and/or HR I have this awful feeling, his company wouldnt do anything unless it was to their advantage. Donna x

Unknown

Unknown Report 11 May 2005 12:53

Don't know if it will help but this site from the department of trade and industry looks helpful http://www.dti(.)gov.uk/er/individual/unfair-pl712.htm remove brackets as ususal.

Lisa

Lisa Report 11 May 2005 12:50

If they escort him from the building for not signing, it sounds like he would have a case for unfair dismissal anyway Strump. Good luck! Lisa

Unknown

Unknown Report 11 May 2005 12:45

Thanks all of you. He would be escorted from the building today if he doesnt sign the new package. At the moment im trying to keep him calm on the end of the phone and im trying not to panic! Going by the brilliant site Jackie, he does have grounds. Ive asked Dave to try and have a meeting with his VP before anyone does anything hasty.

PinkDiana

PinkDiana Report 11 May 2005 12:43

Terms and conditions can not be changed without consent of the individual and salary comes under terms and conditions. get him to involve HR and they should sort it for him. If they sack him cos he won't sign unfavourable terms then yes it is a case of constructive dismissal! he has to put his reasons for not accepting the new terms in writing tho before it gets to sacking stage so he covers himself. Good luck

Lisa

Lisa Report 11 May 2005 12:43

From my trusty penguin guide to the law, circa 1986 so probably well out of date: 'Sometimes the employer does not sack the employee but instead behaves in such a way that the employee is justified in leaving, Despite the fact the employee has not been sacked it will count as a 'dismissal' and so he will be able to bring an unfair dismissal claim. To amount to constructive dismissal the employers conduct must be a serious breach of the employment contract (eg if the employee is demoted or has his wages cut) when this happens the employee can regard himself as having been constructively dismissed by his employer and so he can resign and claim unfair dismissal. The employers conduct must be a breah of the employment contract. The mere fact that the employer is behaving unreasonably will not make it constructive dismissal unless the employer is also breaking the employment contract or unless the unreasonable behaviour is so grave as to amount to a breach of contract' There is more but it will take me ages to type it. I could try to scan the pages and email to you if you would like, but probably won't be until tonight when I get home from work. Message me if you would like me to Lisa

Lucky

Lucky Report 11 May 2005 12:39

Definately take proper advice. We were in a similar situation about 15 years ago, so a lots changed since then My husbands company were merged with another. His job disappeared they offered him an alternative, it worked out almost similar to you, he was earning around £20,000 ,mind you doing all the hours, but was a manager in a security company with many people under him. The alternative, sitting in a booth at Dartford tunnel, £10,000 fixed salary, no managerial no car or petrol. Total joke, that or voluntary redundancy. In the end he took redundancy as the travelling with no car etc., into London would have killed us financially and emotionally. Well all our insurance policys against unemployment wouldn't pay out as he had taken the redundancy. All he got from the redundancy that was a few weeks pay. He was then out of work for several years. Total nightmare. So be careful. These policys they get you to take out aren't worth the paper they are written on. Good luck Donna. Dianex

Unknown

Unknown Report 11 May 2005 12:34

He isnt in a union, its an American company, his contract states they can dismiss him, if he refuses to carry out his work (he isnt doing that). The VP gave a verbal pay rise and better package last week. The new package has totally made his salary lower.

JackyJ1593

JackyJ1593 Report 11 May 2005 12:33

Donna, Go to this site and read about it. You may get some help and advise. http://www.canter-law*co*uk/employment/constructive_dismissal.html Good luck, Jacky :-)

Margaret in Herts.

Margaret in Herts. Report 11 May 2005 12:31

Hi Strump/Donna, (sorry i'm having a senior moment, lol.) Not really knowing anything about the rights of employees but I would say he would have a case if he was sacked. Does he not have a union leader of sorts he can go to? There must be a employees rights thingy where you can ask for advice. It disgusting how some companies treat their staff. Margaret