Topic: Work / Employment advice thread

[John C]

Hi all,

Was wondering if someone could offer me some advice?

I handed in my notice last Monday and I said I would work 4 weeks notice. It was not my intention to tell my boss where I was moving to. But he managed to worm it out of me. I said I was moving to a competitor.
The next day I am called into a meeting with my boss and his dad (it’s a family run company) it was not a nice meeting during which they handed me a solicitor letter saying I was in breach of my contract. The letter states that I am not allowed to start my new job for 6 months. But if I sign the letter it would be reduced to 3 months. After the meeting they said it would be best I left the company with immediate effect. They say in the letter I resigned with immediate effect which I didn’t
I have found the only contract issued to me dated 2008. In this contract there are no such clauses. So if they updated my contract with out me being aware of it can I held to it?

Hopefully you'll get an employment lawyer along soon otherwise if there's no love lost and you've got no intention of every going back, go in on Monday on the front foot.
Calmly hit them with the facts.
-Their is no clause in your CofE that stipulates what they are claiming;
-You have demonstrated reasonable behaviour by giving 4-weeks notice (assuming that period is in your CofE as this is important?);
-If they withhold payments, dismiss you unfairly or take any other unreasonable action you will regrettably take them to court;
-The likelihood if that the case will be found against the employer which will be at cost and reputational damage to them:

[redbyrdz]

Hi all,

Was wondering if someone could offer me some advice?

I handed in my notice last Monday and I said I would work 4 weeks notice. It was not my intention to tell my boss where I was moving to. But he managed to worm it out of me. I said I was moving to a competitor.
The next day I am called into a meeting with my boss and his dad (it’s a family run company) it was not a nice meeting during which they handed me a solicitor letter saying I was in breach of my contract. The letter states that I am not allowed to start my new job for 6 months. But if I sign the letter it would be reduced to 3 months. After the meeting they said it would be best I left the company with immediate effect. They say in the letter I resigned with immediate effect which I didn’t
I have found the only contract issued to me dated 2008. In this contract there are no such clauses. So if they updated my contract with out me being aware of it can I held to it?

Hope you didn't sign that letter?

They couldn't have changed your contract without telling you - it's a contract between two parties, both sides need to agree (even though agreement can be "if we don't hear from you in xxx weeks" or something else non-explicit").

Ideally you'd take that letter and your contract to an employment laywer and get them to write a response.

[Hedley Lamarr]

Make sure there isn't a cleverly worded 'Non-Compete' clause.  Even if there is its probably not enforceable, restrictive covenants are falling by the wayside. Unless the employer can prove they have a legitimate concern restraint of trade takes precedent.

Get an employment solicitor to give your contact the once over (I used co-op a few years back) but my gut feeling is they won't be able to enforce.

[I've been a good boy]

I've also got a work related question. Started a new job last week and most of my team worked this weekend even though it's a Mon-Fri 40 hour week. There's no way I'm working any weekends, got to have a bit of a balance between work and leisure. Is there any way I can refuse? Just checked my contract and all it states is "you may be required to work overtime as may be necessary to fulfil the requirements of this role."

[Elmo!]

I've also got a work related question. Started a new job last week and most of my team worked this weekend even though it's a Mon-Fri 40 hour week. There's no way I'm working any weekends, got to have a bit of a balance between work and leisure. Is there any way I can refuse? Just checked my contract and all it states is "you may be required to work overtime as may be necessary to fulfil the requirements of this role."

Is it paid overtime? Not a good sign for a new job if your team is working unpaid overtime at weekends.

[I've been a good boy]

Is it paid overtime? Not a good sign for a new job if your team is working unpaid overtime at weekends.

Doesn't say on the contract but I would've thought it would be paid. Anyone working for free on weekends needs their head checked.

[redbyrdz]

I've also got a work related question. Started a new job last week and most of my team worked this weekend even though it's a Mon-Fri 40 hour week. There's no way I'm working any weekends, got to have a bit of a balance between work and leisure. Is there any way I can refuse? Just checked my contract and all it states is "you may be required to work overtime as may be necessary to fulfil the requirements of this role."

Unfortunately occasional weekend work can't be refused afaik, if your contract has clauses like that. There needs to be a good reason for it though. If it becomes a regular thing, it should be in your contract. If it's paid or not depends on how you're paid generally - if you get paid per hour and extra for overtime, it should be paid. If you get a fixed monthly salary and no overtime pay, you might have something like "weekly hours are a minimum of 40" in your contract, and you won't get paid extra.

If you google it, you'll get the more exact wordings, its been a while since I looked it up.

[Charlie Adams fried egg]

Make sure there isn't a cleverly worded 'Non-Compete' clause.  Even if there is its probably not enforceable, restrictive covenants are falling by the wayside. Unless the employer can prove they have a legitimate concern restraint of trade takes precedent.

Get an employment solicitor to give your contact the once over (I used co-op a few years back) but my gut feeling is they won't be able to enforce.

Just about to say something similar. I did some work a few years back with an employment specialist and she was saying that restrictive covenants were pretty much unenforceable back then, so it sounds like things have moved on. You have an even stronger case if you never actually agreed to such a clause.

Family companies can be great, but they tend not to have too much HR infrastructure in place and tend to leave it to the director who is the best at people! Which leads me to believe even more that it’s unlikely you actually received an updated contract.

[Jwils21]

Hi all,

Was wondering if someone could offer me some advice?

I handed in my notice last Monday and I said I would work 4 weeks notice. It was not my intention to tell my boss where I was moving to. But he managed to worm it out of me. I said I was moving to a competitor.
The next day I am called into a meeting with my boss and his dad (it’s a family run company) it was not a nice meeting during which they handed me a solicitor letter saying I was in breach of my contract. The letter states that I am not allowed to start my new job for 6 months. But if I sign the letter it would be reduced to 3 months. After the meeting they said it would be best I left the company with immediate effect. They say in the letter I resigned with immediate effect which I didn’t
I have found the only contract issued to me dated 2008. In this contract there are no such clauses. So if they updated my contract with out me being aware of it can I held to it?

Terms of the letter sound sketchy, is it a clearly labelled Settlement/Compromise Agreement? These usually come with the caveat of you not being able to raise any claims against the company, but you also are required to seek independent legal advice before signing such an agreement.

Ask for copies of any contracts or change paperwork they have on file for you, if you have not signed anything in agreement of a non-compete clause then they cannot enforce it. This could’ve been captured in your initial contract or in any addendum, ask them to prove you were at least notified of the terms otherwise they are not enforceable.

[Jwils21]

I've also got a work related question. Started a new job last week and most of my team worked this weekend even though it's a Mon-Fri 40 hour week. There's no way I'm working any weekends, got to have a bit of a balance between work and leisure. Is there any way I can refuse? Just checked my contract and all it states is "you may be required to work overtime as may be necessary to fulfil the requirements of this role."

It’s a bit vague in terms of contractual wording. They should have some sort of policy in place at the very least which confirms that overtime is to be agreed in advance, paid at X rate etc. Contracts where I work state “any additional hours as required to fulfil the needs of the business” but this is only exercised for late night overseas calls or critical projects - we are given plenty of flexibility in return.

Could it be possible they worked this weekend to hit a deadline?

[AndyInVA]

Doesn't say on the contract but I would've thought it would be paid. Anyone working for free on weekends needs their head checked.

How did this work out ?. Did you actually get paid for it ?.

[I've been a good boy]

How did this work out ?. Did you actually get paid for it ?.

I didn't work it as I'm new there but loads of others did, not sure if they got paid for it. But as redbyrdz mentioned this can't be refused so I guess they had no choice?

[Crosby Nick]

Was it a case of them all being told they had to work it? Or people finishing off something? I log on for a couple of hours over a weekend quite often, mainly because I’ve faffed too much during the week! But that’s just to make sure I keep on top of stuff and it’s not encouraged.

Not great when you start somewhere and everyone is like that. I accepted a new job a few years ago, only when I accepted and got sent the contract did I see hours were 9-6 every day. I’m by no means a clock watcher but at 6 no one left and I was one of very few in the team with young kids and was conscious of getting home early enough to do my bit but not be running out the door at 6 on the dot. Wasn’t a great scenario to be honest!

[Nick110581]

My Company is going through a restructure and my Team of three has been told all our jobs are at risk of redundancy but we can reapply to be redeployed.

One guy is a Business Analyst and he had to reapply for the same role. 

That leaves two of us for two roles - one is a promotion and one a sideways move. They haven’t published salary ranges and said we ‘apparently’ get priority over anyone else that applies.

It sound like unnecessary aggro when it could be simple.

They are giving us redundancy package too as didn’t have figures to hand.

It appears that they are covering their arses throughout every step and doing stuff correct.

Hoping someone can help to see if there is anything I need to know.

[Nick110581]

I applied for the job in the restructure and didn’t get it. They offered an alternative on shit pay.

The role I applied for has been given to someone who is incapable and also a complete arse. He will be my Manager.

I can accept redundancy but doubt that I can get anything better because of this guy. It’s untenable already.

[ianburns252]

I applied for the job in the restructure and didn’t get it. They offered an alternative on shit pay.

The role I applied for has been given to someone who is incapable and also a complete arse. He will be my Manager.

I can accept redundancy but doubt that I can get anything better because of this guy. It’s untenable already.

Really sorry to hear mate - corporate restructures can be absolutely brutal and often cause a lot of pain. One thing I'd be keeping an eye out for is what happens in 6-12 months at the company - if they are cutting staff heavily and making you reapply for lower paid jobs this screams cashflow issues and frankly taking a redundancy package now could be a blessing in disguise.

If it is as I suspect then you don't want to be caught in the midst of an administration/R&R operation where staff may not even get paid if the worst happens.

Your best thing to do is get on the phone to recruiters mate and see what is going in the market - you can't be penalised for having a conversation or two and you aren't going to be looked on unfavourably by potential employers by doing so so nothing to lose.

[Riquende]

The role I applied for has been given to someone who is incapable and also a complete arse. He will be my Manager.

This sort of thing happened to an ex of mine, she was working in Customs & Excise at the time they merged with Inland Revenue. All the new team management positions were reserved for IR staff and C&E staff were told they could not even apply. She knew the guy that was being appointed her manager (incapable & complete arse), knew she couldn't work under him and so resigned entirely before she had to. In the end she retrained as a teacher and loved the career change (though last I spoke to her she was a civil servant again, this time at the DfE).

So as much as the upheaval sucks when it's been forced upon you, sometimes it can lead to better things.

I left a bit of a rut myself in the last few years and have ended up doubling my income. I'd have probably never looked to leave my other job if moving across the country hadn't forced my hand.

[Nick110581]

Really sorry to hear mate - corporate restructures can be absolutely brutal and often cause a lot of pain. One thing I'd be keeping an eye out for is what happens in 6-12 months at the company - if they are cutting staff heavily and making you reapply for lower paid jobs this screams cashflow issues and frankly taking a redundancy package now could be a blessing in disguise.

If it is as I suspect then you don't want to be caught in the midst of an administration/R&R operation where staff may not even get paid if the worst happens.

Your best thing to do is get on the phone to recruiters mate and see what is going in the market - you can't be penalised for having a conversation or two and you aren't going to be looked on unfavourably by potential employers by doing so so nothing to lose.

There’s certainly something up with cash flow.

They have followed every thing by the book and doubt they will care whether I like the new guy or not. He’s an idiot and works strange hours that have never been agreed.

It will be a take the shit offer for a job you don’t want or just leave and take redundancy.

[Nick110581]

So my Company agreed to a trial period in new role until end of Jan but it is not working out.

I hit 4 years with them on 24th Feb so not sure if they would honour the month notice period of original contract if I inform them after that 24th Jan. ACAS said they don't have too. It essentially gives me another £1k tax free so would be handy.

The new contract is 3 month notice period so the alternative is just to hand notice in around mid to end of Feb as that means I would get more money but have to work my notice.

[Barneylfc∗]

We've (Northern Ireland Civil Service) had a 1% payrise every year for the last 7 or 8 years. Fucking pathetic while the c*nts that are meant to be doing their job in Stormont get paid for fuck all. We're effectively having our pay cut every year.

5 years on, nothing has changed. Still not got more than 1% and the c*nts at Stormont still not doing their job