The thirty day consultation started yesterday. Seven of the sixteen drivers at my depot are being given the boot
I have a couple of questions:
I have worked for the company for over a year, but split across two separate contracts. For the purposes of redundancy, have I been there for a year or for a month? The exact wording on my current contract in force is āYour employment is regarded as continuous from 15th October 2012.ā
As my employment is regarded as continuous from October, I am in my second three month probationary period. Can they still decide I am not right and just get shot of me? Or does the fact that they have notified me I am up for redundancy protect me from summary execution, erm dismissal?
Additionally, if they can decide to get shot of me and do, can I fight it based on the fact they offered me a full time contract after 11 months of effective full time working? Showing that I am in fact what they want?
Other offers of employment: If they offer me another āsuitableā position driving a desk, which I am capable of doing, could I reject it as unsuitable because I am a truck driver not a desk jockey?
As it stands, I have been overpaid on holiday by two accrued days. If they terminate my employment before I have accrued these days, can they still deduct the overpayment from monies owed?
nsmith1180:
The thirty day consultation started yesterday. Seven of the sixteen drivers at my depot are being given the boot
I have a couple of questions:
I have worked for the company for over a year, but split across two separate contracts. For the purposes of redundancy, have I been there for a year or for a month? The exact wording on my current contract in force is āYour employment is regarded as continuous from 15th October 2012.ā
As my employment is regarded as continuous from October, I am in my second three month probationary period. Can they still decide I am not right and just get shot of me? Or does the fact that they have notified me I am up for redundancy protect me from summary execution, erm dismissal?
Additionally, if they can decide to get shot of me and do, can I fight it based on the fact they offered me a full time contract after 11 months of effective full time working? Showing that I am in fact what they want?
Other offers of employment: If they offer me another āsuitableā position driving a desk, which I am capable of doing, could I reject it as unsuitable because I am a truck driver not a desk jockey?
As it stands, I have been overpaid on holiday by two accrued days. If they terminate my employment before I have accrued these days, can they still deduct the overpayment from monies owed?
Anybody looking for a driver?
From what youāve posted I would think that unless you have skill they need you can expect to be made redundant Iām afraid, your contract is from 15th October so whether youāre in the second or third month of a probationary period seems a little irrelevant to me because either way unless thereās something you havenāt posted they can let you go any time they need to.
It seems to me to be a bit odd letting someone on a probationary period have holiday that has not been accrued but I would guess that they can stop the money out of any money owed.
Good companies will look at all the driver as the same in making the decision. the look at attendance, performance and the weather you have had any course to be in front of the boss for some reason.
An employer can get rid of there driver on a probation without giving a reason the fact there told you mite be a good thing.
look for a job just in case, and hope for the better.
āYour employment is regarded as continuous from 15th October 2012.ā
You are not āsafeā until 15th october 2014 under the new two year rules - at least that is how I read the new stuff which came into force in april ā¦ awaits to be corrected if wrong ā¦
Thanks guys for the advice. Unfortunately you have all said my interpretation: They can be as good or as nasty as they like!
Fortunately they appear to be being very reasonable about it. There is an offer of a cheque at the end of it all, which they donāt have to do. I donāt know about possible training opportunities, which I understand they should be offering the guys who have been there longer than me. Hopefully I can talk em into sending me to our Rowley depot for a bit of ADR training, which should help a bit but Iām not holding my breath. Looking at the company website, the only comparable driving vacancy available is down by Gloucester, and we are in Luton!
To be honest, the writing has been on the wall for a while. We have just lost a Ā£5M contract which was run out of our depot so we kind of figured that some of us would be let go. Itās just a shock about how many are being kicked. I have been looking already because you know that if the choice is to give a 10 yr veteran the boot or a 1 year newbie, the 1 year newbie will go because itās cheaper and fairer. I wouldnāt keep me on!
The first contract was a contract of employment but guaranteed zero hours a week.
The differences are:
I didnāt get paid if I did no work before, I now get paid for 40 hours each week, regardless of how little I do. I obviously get paid for more if I do more.
I got paid holiday as I earned it before, I now have accrued time.
I would check with citizens advice but i would of thought you would have continuitiy of employment so your rights started after your 1st years work. All the 2nd contract has done is put your hours on a firm base and they are both a contract of employment your second three month probationary period means nothing has you did it a year ago.
Thought as much with you mentioning Rowley depot. They will have been hit hard with Comet going - they were doing the warehousing and transport at Harlow and Skelmersdale and also had contracts with suppliers going in there as well. I know LG ran from down your end, used to see a couple of lads in Harlow pretty regularly and had a coffee with them.
Crying shame seeing people losing jobs - good luck to you buddy, hope you get something
āYour employment is regarded as continuous from 15th October 2012.ā
You are not āsafeā until 15th october 2014 under the new two year rules - at least that is how I read the new stuff which came into force in april ā¦ awaits to be corrected if wrong ā¦
