Sacked after relocating

[Benjt]

Hi, my partner started a new job in the Isle of Wight just over 18 months ago and it was agreed that we would relocate from the midlands before this September. We were initially hoping to drag this out a bit longer but every time my partner spoke to his boss he asked how our plans to move were going and any problems he would say 'just get yourself over here'. So we sold our house, bought a new one on the Island and moved over during the summer holidays this year so that our 3 kids could start their new schools in September, it has been really hard for them moving and really struggled with leaving their friends behind but are now starting to make new friends. A couple of weeks ago my partners boss called him in for review. It sounds like he was basically looking for the negatives but couldn't really find anything other than he hasn't made enough sales so said he wants to keep him but cut his wages by £20k! Considering we have bought a house based on his current salary this will leave us in a position where we won't be able to keep on top of our bills. He has now offered him a few different options but basically they all involve a massive pay cut that we can't afford and has told him he wants a decision next week. My partner is not really prepared to accept that and we are assuming when he tells him that next week he will be sacked. So I'm just wondering do we have any rights at all? As the job prospects are very limited here we feel our only option is to move back to the midlands, stay with relatives and either rent out or sell our house. Can we even claim anything for moving away?

Help!!!!!!!

The old schools have to give them their places back, I think, as long as the reason for leaving the school/s was a relocation.

@TheReluctantCountess is that the case even if the class is now full? My daughter has cried every week about wanting to be back in her old school and she would be ecstatic if we went back but I know somebody took her place when she left. I do know of one child that is leaving at Christmas but I'm worried they might have already allocated that place to somebody else. She is KS2 though so I believe they can take over 30 in a class at the schools discretion?

I think that is the case, yes.

@TheReluctantCountess that would definitely solve one problem so I really hope so. Now I just have the problem of the one who has just started secondary but we gave up his place at the school he had been allocated and the youngest who is currently repeating reception in his new school and thriving but may have to go back in to year 1 having missed the first term!

@YouokHun this might be worth considering but for the kids sake I feel if we have to go back, the sooner we go the better.

Sounds like constructive dismissal to me.

It sounds nothing like constructive dismissal.

I agree with the poster above that it seems like an obvious bait and switch and they never wanted to pay his full salary in the first place. However, don't forget that they did have to offer that salary in order to get him to accept, and therefore you can assume that they couldn't at the time find a suitable person at the lower salary. So it may be that they don't want to fire him because they would then have to find a replacement, they might just be threatening that they will if he doesn't take a salary cut.

Even if he doesn't get fired or get a salary cut then they're probably going to keep doing this and it's going to be an uncomfortable place to work so I think he should update his cv and see what else is out there, both where you are now to avoid moving again and in your original location so that if you do have to move at least you'll be back near your family.

It's neither constructive dismissal or bait and switch for good ness sake. If the sales aren't being made and there is a performance target not being met, the company doesn't need to keep an employee who is not performing to the level they require on.

Reducing his salary sounds like they are trying to help him out because of the move. They could just terminate. They can't afford to keep him on at this level if the sales aren't coming in, it is a business not a charity. I'm fairly sure if he was hitting his sales targets then this situation wouldn't be occuring. I'm sorry.

Op. I think it might be worth him accepting thr 20k less and then urgently you all plan to move back home and he applies for other roles. This means there is still money coming in. No money and you're all a bit fucked. So at least this way you still have something coming in.

Yeah, think I agree. Miserable for DH but better than losing all his income, especially if OP doesn’t currently WoH.

I would speak to ACAS before paying out for lawyers. Under 2 years he has very little rights so I would get some free advice from then as a starting point

Short term could you find work to make up the shortfall? Tbh I am doubtful that this is the first time this has been raised. Was his salary commission based? I don't think any school is obliged to take pupils back unless they have vacancies in the right year group so you may want to doublecheck before uprooting again.

Unfortunately I know of no rule that says schools have to give a place back. I live somewhere where people regularly take sabbaticals elsewhere for 6-12 months and once you've lost your school place that's it, when you return you have to take whatever place is available among local schools. Sorry OP it sounds really rubbish.

If the school is full then no, they dont have to take your dc back unfortunately.
I’m sorry OP, it’s really shitty

I think that is the case, yes.

That is not the case. The children have been removed from the roll and they need to re-apply.

Could you air bnb a room?

There area fair few techy companion the island, and I've seen a few sales type jobs around recently. Has he looked hard at the local.market? Sent out CVS etc?

Or negotiate A lesser drop to be reviewed at a later (contracted) date? Would be fascinated to know which company this is btw, and which school you went for. Am local btw, so if you want a friendly face one day give me a shout. :-)

I would suggest he looks for local jobs on the island first or close by. And make sure all your relocation costs are paid.

Would the £20k drop put his pay under £50k? If so, you could claim child benefit. I know it's not much but it's an extra £188.20 every 4 weeks. Every little helps in this situation.

If he takes the pay drop and stays, he can stick it out until he has 2 years employment under his belt and much more rights. What is he on now and what are they proposing that the new pay would be? Could he agree a slightly lower reduction?

FYI, having under 2 years employment doesn't mean they can dismiss you for anything. All employers must use a proper process to dismiss people when they are out of their probationary period which is usually 8-12 weeks. This means that they must give the notice stated in the contract, use the proper procedures and pay any untaken holidays etc. It would be a breeze for employers if they could just sack people on the spot if the employee has done less than 2 years service. You can't take them to a tribunal if you have under 2 years service and don't have to get redundancy pay (well one weeks pay) but all employees still have rights that they can go to an employment solicitor with and take a case against their employer. There's little people that actually know this. You can also use small claims to recoup losses from an employer as well

Even if he accepts a new contract at a lower salary the contract can still be challenged later I believe (as unfair dismissal).

If he accepts the new terms, ie he states he is prepared to take the lower salary, he can't then unilaterally change his mind later on and decide he wants to turn it into an unfair dismissal case 6 months later. How would that one work, legally??

Sounds like constructive dismissal to me

Sigh. Why is everything turned into being Constructive Dismissal on here! Not least of all because he hasn't worked for them for 2 years.

All employers must use a proper process to dismiss people when they are out of their probationary period which is usually 8-12 weeks

Probation is irrelevant in terms of how and when an employee is dismissed.

I'm afraid TheReluctantCountess is wrong. The old school is not under any obligation to take your children back. If there are places available they must offer them to you but if they are full you will be treated the same way as any other family moving into the area.

This is not constructive dismissal. Until he has worked there for 2 years he cannot bring a case for constructive dismissal or unfair dismissal. He can only take action if there is discrimination or if the employer dismisses him in a way that breaches the contract (e.g. giving him one week's notice when the contract specifies one month).

His choices are to accept one of the deals on offer or leave and find another job. He cannot accept a deal and then challenge it later as YouokHun claims.

I would tell them to meet him half way with a £10k drop and stay the two years and decide then, your high school child would not have started GCSEs yet.

You poor thing OP - what a situation.

How did the move happen? Did the company pay relocation, help with moving costs, etc? It's not great at all that he's worked for them for quite a while, they've enticed him into to this move, then changed the goal posts.

So stressful for you.

Personally, I'd take advice from an employment lawyer now (even to confirm no rights), then stick it out until >2 years to buy some thinking time.

Unless you are alleging discrimination or he has contractual rights there’s not much you could do. It was a bit rash to move the whole family when he was on probation but I suppose you live you learn.