Anyone on here fully versed in the employment / employee laws?

[Saxo Appeal]

As you all know, I was made redunandant a few months ago from Offshore, I have worked for the same company for around 14 years

I worked all through my 12 week notice period which would have ended on the June 13th, but was then extended as I was asked to cover on another Rig.

This extension ran from June 13th to the end of July, which I again put my head down, worked and didn't grumble...

Then a few weeks ago, I was informed of a new contract for 3 months on my original Rig I was made redundnant from, this extension now takes me to the end of November.

I am of course appreciative of the 'extra' monthly wages, but how many times can an employer 'Legally' keep extending your notice for?

This dark cloud is effectively playing with my mental health, and will I or will I not have yet another extension.... (sigh)

 

[Jcloughie]

Very sorry to hear this. I think that effectively your employment would be continues, but you could certainly do without the stress. If they are needing to extend your employment, then clearly the position was never redundant.

I would consider an appointment with an employment lawyer. Try Googling it for your area.

Eg. https://www.google.com/search?q=emp...ent=safari&dlnr=1&sei=ahOOaMe1MOKchbIPu-aa-Q4

John

 

[otherclive]

As you all know, I was made redunandant a few months ago from Offshore, I have worked for the same company for around 14 years

I worked all through my 12 week notice period which would have ended on the June 13th, but was then extended as I was asked to cover on another Rig.

This extension ran from June 13th to the end of July, which I again put my head down, worked and didn't grumble...

Then a few weeks ago, I was informed of a new contract for 3 months on my original Rig I was made redundnant from, this extension now takes me to the end of November.

I am of course appreciative of the 'extra' monthly wages, but how many times can an employer 'Legally' keep extending your notice for?

This dark cloud is effectively playing with my mental health, and will I or will I not have yet another extension.... (sigh)

Sorry to hear of your situation and complicated follow on contracts.

Are you in a professional institution, trades union, or do you have legal cover from your home insurance. They can be helpful and in some instance fight your corner. Even though I’m long retired I still have all three available. Your employers HR could be asked to advise formally. Good luck .

 

[Saxo Appeal]

I am working for an Offshore Company, and not part of a trade union.

 

[otherclive]

I am working for an Offshore Company, and not part of a trade union.

Okay. this from ACAS may give some help. It almost seems since your employee is continuing to use you that your redundancy could be unfair. But it is such complex issue, undoubtedly with sensitivity for future employment in the sector, I would contact ACAS, or as stated above a law firm that specialises in employment law.

Acas | Making working life better for everyone in Britain

Acas is the workplace expert for England, Wales and Scotland. We provide free and impartial advice for employers and employees, training and help resolve disputes.

www.acas.org.uk

 

[Saxo Appeal]

Yes I also called ACAS but they couldn't really give me a definite answer either..

It is complex, so basically this is why HR pull on it

 

[birdman101]

If you received your Redundancy payout at the end of the three months, then they are just employing you as a Casual which is a way of reducing your company retirement pension.

 

[Jcloughie]

Yes I also called ACAS but they couldn't really give me a definite answer either..

It is complex, so basically this is why HR pull on it

Not sure if ACAS are motivated to help on a personal basis, in the same way as a specialist law firm.

John

 

[Saxo Appeal]

If you received your Redundancy payout at the end of the three months, then they are just employing you as a Casual which is a way of reducing your company retirement pension.

No

I have not recevied my redundancy payment yet, this will now be paid out end of November.

 

[Jcloughie]

If you received your Redundancy payout at the end of the three months, then they are just employing you as a Casual which is a way of reducing your company retirement pension.

It may well be a backhanded method of reducing the long term workforce. But if they wish to continue employing him then the position cannot have been truly redundant in the first instance. Therefore, the company made him redundant falsely.

John

 

[Saxo Appeal]

It may well be a backhanded method of reducing the long term workforce. But if they wish to continue employing him then the position cannot have been truly redundant in the first instance. Therefore, the company made him redundant falsely.

John

This is probably a more tricky one as it's not one place of work, I was drafted to another Rig to cover someone who was unwell during my 12 weeks notice, then my first extension was to help out at another Rig in Aberdeen, then my second extension was to work on my original rig as it's now managed to bag a new contract for 3 months.

 

[Andy Norfolk]

As you have been given notice I believe any extension has to be mutually agreed. You are within your rights to respectively decline extending your notice period. Of course if you want or need the additional money that's for you to decide.

When I resigned from my last job (not redundancy), I was on 3 months notice. I worked my notice and during it my employer asked me to stay an extra 3 months. They offered me a financial incentive in addition to my salary if I agreed to stay. I respectively told them to stick it where the sun doesn't shine. Telling them is imprinted in my memory 😭🤣. Good luck with your future.

 

[Jcloughie]

This is probably a more tricky one as it's not one place of work, I was drafted to another Rig to cover someone who was unwell during my 12 weeks notice, then my first extension was to help out at another Rig in Aberdeen, then my second extension was to work on my original rig as it's now managed to bag a new contract for 3 months.

Yes, could be tricky. But if an employment court considered it was continuous employment. That might be decisive. IMHO, Even if you were given separate contracts. If they were effectively for the same employer and for the same type of work. You might have a good case.

Over the 37 years I worked at a college. I was made redundant 3 times.

The first time does not really count as we were told it was just a rouse to shock the local authority. Which worked. But was nevertheless, a very stressful time. So I sympathise.

Times 2 and 3. I fought my case with the governors. Both times I was able to prove that my section was both profitable and served a necessary and essential role in the community.

They tried to show I was making an £8000 loss. My figures were accepted at a £20,000 proffit

After both times, the principal was sacked. I was also promoted.

Always pays to fight your corner.

All stressful times.

I still suggest professional advice is needed. Often, a first appointment is free.

John

 

[ProfJohnL]

Employment rights and law is a complex issue, and whilst some here may have some experience, each case has to be considered on its own merits, and whilst there may be what seems like a similar situation, the devil can be in the detail, which could mean the reported experiences could be a poor model for your own position.

Also factor in that this forum is anonymised, and unless you personally know the writer of a comment, you have no way of knowing if the person is genuine, or is actually giving correct advice.

You need professional employment advice, I suggest you find a solicitor who specialises in employment law.

I wish you luck.

 

[Beardy]

I'm with ProfJohnL on this one, you need professional advice. Having said that, the first time I was made redundant I was served 3 months notice. I found another job within a couple of weeks so went to my manager and asked him if I could leave early rather than working my notice. He told me that they couldn't stop me from leaving early and that I would still receive my redundancy payment, but asked if I would work another month (effectively half my three months notice in total) to finish a project I was involved in. I agreed, the only thing I lost was 6 weeks pay for the period of notice I didn't work. This was over 20 years ago and my manager wasn't involved in employment law (he was just quoting what he'd been told) so please don't assume that the same holds true today.

 

[Buckman]

Perhaps they are dragging it out hoping that the net zero fiasco will be shelved and about time as it is damaging the economy.

 

[Saxo Appeal]

I hope it's shelved very soon, and I hope Starmer / Reeves have woken up after a long chat with Trump

Not going into politics, but I so hope the decision to open licenses again starts very soon...

 

[Saxo Appeal]

My plan so far ...

Once the redundancy notice has finished with no more extensions come end November, I'll have Christmas off then be looking at using part of the redundancy money to gain my HGV C+E license in the new year.

I really enjoy driving, and have experience driving a 3.5T truck delivering furniture about scotland and really enjoyed it. If I don't find work then the Caravan would need to be sold

 

[AndrewAventura]

My plan so far ...

Once the redundancy notice has finished with no more extensions come end November, I'll have Christmas off then be looking at using part of the redundancy money to gain my HGV C+E license in the new year.

I really enjoy driving, and have experience driving a 3.5T truck delivering furniture about scotland and really enjoyed it. If I don't find work then the Caravan would need to be sold

As others have said, I would urge you to have a discussion with an employment lawyer. They won't charge much, or maybe nothing, for an initial meeting and will be able to help you understand your rights and your options. I went down this line 2 years ago and made a claim for unfair dismissal. Eventually reached a settlement with my employer for an additional cash payment on top of redundancy which we were both satisfied with (or equally dissatisfied).

For you, the job and your working relationships and your commitment to the organisation are all personal. For your employer, it's a financial decision and you don't have to accept their redundancy payment offer without challenge or negotiation (but you must do it on the basis of legal advice, not well-meaning or amateur advice)

 

[Jcloughie]

There is such a thing as constructive dismissal. This was once attempted on an ex boss of mine. She was a decent boss and would always stand by her staff. But her CV was fictitious.

She went off on maternity leave and the directorship wanted her to be replaced permanently when she returned, so they invented a new position for her and moved her sideways into ‘non job’ job.

She quickly arranged an appointment with the CEO and arrived with her employment lawyer. She left that day with an undisclosed settlement.

John

 

[Mr Plodd]

Advice on here is always well intentioned, but, for what its worth, my advice is.....

 Seek Expert and Professional legal advice

 

[Saxo Appeal]

Thank you all

 

[GaryB]

Sometimes your home insurance offers legal advice and support so always worth checking that to see if it will fund a chat with a legal/employment expert. I was made redundant in 2019 and it was the best thing that ever happened to me (although it never seems that way at the time). I stayed in the same industry but in a self-employed role and am now looking to retire next year when I turn 57.

For me the best thing I did was let as many people as possible know that I was going to be available for work, I have had three jobs now since being redundant and none were advertised. LinkedIn is a "poisonous playground" BUT is a great way of communicating to a large audience that you're looking for work.

 

[otherclive]

Sometimes your home insurance offers legal advice and support so always worth checking that to see if it will fund a chat with a legal/employment expert. I was made redundant in 2019 and it was the best thing that ever happened to me (although it never seems that way at the time). I stayed in the same industry but in a self-employed role and am now looking to retire next year when I turn 57.

For me the best thing I did was let as many people as possible know that I was going to be available for work, I have had three jobs now since being redundant and none were advertised. LinkedIn is a "poisonous playground" BUT is a great way of communicating to a large audience that you're looking for work.

Your post raises a point wrt LinkedIn. I use the PM/DM facility sometimes if someone I have known pops up. Wonder if that will be age verification now. ? Never been head hunted though despite retiring in 2000, pre LinkedIn days😂

 

[Hutch]

I joined "Linkedin" many years ago, for the supposed business links. Then I found I was getting requests from hairdressers, makeup people and others, the whole thing was linked into Facebook, and I was getting requests from friends of my sister in law. Certainly not the supposed business links I was expecting.