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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

to think this one's straight for the employment tribunal?

17 replies

sweetnsour · 29/03/2010 19:33

Just found out off the record that a meeting I?m being called into at 9am tomorrow is to demote me and my deskmate - the two senior department types - to the level of the 22 yr old first-jobbers.

We?ve always had excellent appraisals, never a whisper of trouble, and our clients love us. Paycut on the cards as well. Oh - the company is in financial trouble.

Can the firm do this? What should I say in the meeting?

OP posts:
Original poster
sweetnsour · 29/03/2010 19:36

Just found out off the record that a meeting I?m being called into at 9am tomorrow is to demote me and my deskmate - the two senior department types - to the level of the 22 yr old first-jobbers.

We?ve always had excellent appraisals, never a whisper of trouble, and our clients love us. Paycut on the cards as well. Oh - the company is in financial trouble.

Can the firm do this? What should I say in the meeting?

OP posts:
EvilTwins · 29/03/2010 19:37

What's the "on the record" reason for the meeting? You can't really do/say anything until you're actually in the meeting and are told something officially.

Could you contact your union? Is there a rep you could take to your meeting, or would that be inappropriate?

Angelcat666 · 29/03/2010 19:38

Do you have a union rep you could contact?

ACAS may be able to help.

I'm no expert so hopefully someone will be along soon who can help.

SugarMousePink · 29/03/2010 19:40

This reply has been deleted

Message withdrawn at poster's request.

Original poster
sweetnsour · 29/03/2010 19:46

Offial reason is 'restructure'. It's a publishing company - no union, and employment rights viewed as new-fangled communism.

HR director will be there - mind you, the last two meetings she attended resulted in two large cheques issued quietly to the people on the other side of the table at the behest of our company lawyer.

OP posts:
mumofaboy · 29/03/2010 19:49

Don't say anything until you are in the meeting and have heard this from the horse's mouth - could all be crap and you don't want to start a ruck with no reason. Take copious notes, if necesssary ask them to clarify things, and DON'T AGREE TO ANYTHING. Then consult with lawyer/union if necc. That's what I'd do anyway!!

compo · 29/03/2010 19:51

tbh if the firm is in financial trouble it might be a case of a pay cut or redundancy so there might not be anythign you can do

PinkDawn · 29/03/2010 19:55

Check your home insurance or motor policy - lots of them contain provision for, or you paid an extra supplement for "legal expenses" - employment disputes are usually covered by the policy.

Keep calm in the meeting - agree to nothing, write notes of everything you can remember as soon as you get out.

Good luck

Original poster
sweetnsour · 29/03/2010 19:57

I'd so prefer redundancy. to be honest. I haven't had a break for 20 years at work. I also want flexible working as Dad's dementia is more florid than ever....

OP posts:
Tiredmumno1 · 29/03/2010 20:06

Contact acas before the meeting hopefully they will be open and ask for advice on what to say if this does arise in the meeting, they are the only people that will help unless you are with a union.

CarGirl · 29/03/2010 20:08

Surely if your current job is disappearing and they can't offer you a sideways move then you are redundant?

RJRabbit · 29/03/2010 20:11

Then suggest it to them. First the flexible working and then redundancy. Play your cards close and request a further meeting in a couple of days to discuss further.

thefinerthingsinlife · 29/03/2010 20:16

My husband is an employment soliciator so I asked him and he said:

If they can show work of a particular kind (ie your role within the company) has ceased or diminised to a sufficient degree then they can dismiss you.

Basically if there is no longer a requirement for your work to be performed within the company then they are entitled to take their action.

However if they are still going to need someone to do the work you perform on a day to day basis then this is a different story. If they offer you an alternative job that is both objectively and subjectivbely suitable and you refuse it then you will be dismissed

HTH

Original poster
sweetnsour · 29/03/2010 20:18

What worries me is that I'll be expected to carry on doing the duties of my current role - running projects, managing staff, being the co's quality control - at a salary that wouldn't feed a dog, let alone the poor-but-honest sweetnsour household.

Anything I can do about that?

OP posts:
Original poster
sweetnsour · 29/03/2010 20:21

Thank you soooooo much Finer things (Finer person and Mr Finer things). The work I do - thanks tome - has increased, not decreased.

OP posts:
thefinerthingsinlife · 29/03/2010 20:24

he says you potentially have a claim if you are doing exactly the same job for less pay, however it could take a year to hear your claim in court and if the company are in financial troubles there my not be a company to claim from.

emsyj · 29/03/2010 20:54

If you are redundant though, you can claim redundancy payments from the National Insurance Fund if your employer goes bust. So IMO it is worth checking your home insurance policy to see whether you have legal expenses cover that will enable you to get advice. I do this work for an insurer, it's fairly common for your home insurance to cover employment advice and claims. The situations that finerthings describes are redundancy situations, in which case you may be entitled to a redundancy payment depending on how long you've worked there (min 2 years). The statutory payments are not huge though, so be prepared.

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