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Do I have a case against my employer?

5 replies

lechatnoir · 20/07/2012 14:19

My company was taken over last year, my job was taking on by HQ and I was offered another role in a job share. It all went well until March when my job share partner announced her pregnancy. The company assured me nothing would change as they would find a replacement for her but 3 months passed & despite me asking regularly for updates, it was clear little was being done (the job wasn't even advertised on the company vacancy listing or intranet). I call a meeting with the head honcho & ask about my options given they are struggling to find a replacement, I offer to increase to 3 days (from 2.5) or even 4 days but they refuse anything other than FT which I can't do due to family commitments. Weeks pass, my partner goes off on maternity leave & still no sign of a replacement. I ask for redundancy but they refuse as they say they can't make my partner redundant (as it's as a direct as a result of her pregnancy) but I don't see why this should be my problem?!

Fast forward to last week week when I was asked 'off the record' to submit a proposal for a settlement figure (ie I leave in return for £X). I put forward an ambitious sum fully expecting to negotiate & the MD called & offered me a pathetic amount which I refuse & it ended with me emailing yesterday a heavily reduced but (IMO) very fair 'bottom line'. I'm expecting a call anytime presumably with either a yes or a no.

If they refuse, I have no choice but to carry on working but I can't believe they are allowed to just leave me dangling without a job share partner indefinitely. They haven't changed my role so I'm still expected to hit the same targets plus any deals I do they are still only paying me 50% commission even though my job share partner is no longer benefitting either! There's no provision for this scenario (ie one partner going on maternity leave) in my contract only termination by one partner which is 3 months to find a replacement then termination of role.

Should I push for the sum I want or take whatever they offer me & run? I do now want to leave regardless but have a fair sum of commission I would lose if I handed in my notice and frankly, am so pissed off with the way they've treated me, don't want to give them the satisfaction of walking away!!

Any advice?

OP posts:
hairytale · 20/07/2012 16:55

Why is it you want to leave? It's not clear in your post.

This doesn't sound like a redundancy situation at all to me.

lechatnoir · 21/07/2012 00:09

I want to leave because for the past month since my partner left & indefinitely going forward I am doing a FT role with FT targets in half a week (of which only 2 days are during the week). I still only get half fee on deals even though I'm doing all the work & when my desk isn't covered my calls & emails go unanswered so I've got an every growing list of cross clients & it's damaging my reputation. I have no control over who they place in the role yet am dependant upon this person for my earnings (& vica versa) . If they are saying it's not a PT role but can't find a replacement then why isn't my position being made redundant to they can employ someone FT?

OP posts:
hairytale · 21/07/2012 08:30

Because it isn't a redundancy situation because the work still needs to be done.

You have the option to resign, of course.

Horrible situation to be in.

In your shoes I'd request a meeting and put your issues in writing in a calm and measured fashion.

lechatnoir · 21/07/2012 10:52

Thank you hairytale. I don't want to stay so guess I need to work out financially whether I'm better off working my notice & being paid half fees or taking the money offered to leave end of this month.
Much appreciated.
LCN

OP posts:
fireice · 21/07/2012 10:57

Would it be worth increasing to full time, even temporarily, until your job hare partner returns from maternity leave?

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