Reply to: Access to company information

[SueEllen]

Maybe so, but employers know that they can often flaunt these laws as many people, when faced with being out of work and having no income to pay the rent/feed themselves, are unfortunately forced to spend their time trying to find their next job rather than fighting an unscrupulous employer no matter how much in the right they may be.

The only employers who successfully do that are in the public sector or larger private sector employers where people are unionised. If you are in the private sector where you either aren't unionised or the union isn't recognised by the employer, they can't play games with you.

[mattfx]

Maybe so, but employers know that they can often flaunt these laws as many people, when faced with being out of work and having no income to pay the rent/feed themselves, are unfortunately forced to spend their time trying to find their next job rather than fighting an unscrupulous employer no matter how much in the right they may be.

Not true. You can instruct a solicitor to handle the whole thing for you so you can focus on getting back to work if you so wish. Or better still, demonstrate the stress and life upheaval of your ex employers actions has left you unable to work whilst you work on your mental health. Your solicitor will guide you on this during your free initial consultation.

Before anyone says about fees, you will get these back when you win your tribunal case, if it goes that far. I suspect it won't because your employer will realise they've f'd up during ACAS conciliation.

Billy why must you continually post useless non-informative, usually argumentative, single minded posts in this sub? Have you ever had this happen to you?

[pauldee]

Also, don't let on you're seeking legal advice. Just pretend you're being tardy getting that contract signed. If they get wind you're going down the legal route they could make things very nasty for you.

Also, I think everyone is assuming you want to keep the job. You could just let them go down the constructive dismissal route (which seems to be what they are doing) and wait for a nice payout.

But don't listen to me, this is speculation. As everyone says, go and see an employment lawyer.

[billybiro]

There are strict laws governing employees with 2+ years service.

Maybe so, but employers know that they can often flaunt these laws as many people, when faced with being out of work and having no income to pay the rent/feed themselves, are unfortunately forced to spend their time trying to find their next job rather than fighting an unscrupulous employer no matter how much in the right they may be.

[BrilloPad]

Maybe because, in this day and age, it's a buyer's market and if want a job you're forced to bend over and take any old sh!t unscrupulous employers care to dish out?

There are strict laws governing employees with 2+ years service.

[billybiro]

Actually he has much bigger problems than IR35. Why is he being forced to take over his employer's responsibilities and costs...?

Maybe because, in this day and age, it's a buyer's market and if want a job you're forced to bend over and take any old sh!t unscrupulous employers care to dish out?

[PerfectStorm]

OP - if you haven't already done this by the time you've read this post: STOP! CONTACT A SOLICITOR. I cannot make it more plain and simple. Your employer is effectively firing you after 15 years of service without any good reason for doing so.

I have been unfairly dismissed from a company once before - it isn't difficult to fight and tribunals are often very sympathetic to the person being dismissed. Best thing to do if you can though is get a result from ACAS early conciliation. Depending on your situation your solicitor may also advise you to remain in work for a further week, try to argue and say you do not accept their contract of employment then when your employer pushes back go off sick and fight for constructive dismissal which is more involved and a bigger argument.

You need notes, and lots of them. Every conversation you have with your manager or HR person now has to be treated with great care and you need to write everything down. You also need to trace back in your mind and think of any significant events in the build up to this and note them down - anything that may be an indication of your employer trying to push you out of the door (poor performance reviews, warnings for pathetic things, trying to enforce un-enforceable stuff, denial of holiday, etc.)

In terms of severance package you can expect as a statutory minimum your notice period plus two weeks. However due to your length of service i'd estimate you'd be looking at an additional weeks pay for every year of service you have undertaken at the company; therefore assuming a 1 month notice period (4 weeks) you should be looking at almost 20 weeks pay as a package when going for ACAS conciliation, plus any due holiday as a MINIMUM. Go high, go big and negotiate down. Do not start with the minimum amounts and lose out.

If you need any help PM me.

Agreed with this. Without exaggeration or being unduly litigant - there is a large and fair payoff there for you which would be normal in such circumstances.

[mattfx]

OP - if you haven't already done this by the time you've read this post: STOP! CONTACT A SOLICITOR. I cannot make it more plain and simple. Your employer is effectively firing you after 15 years of service without any good reason for doing so.

I have been unfairly dismissed from a company once before - it isn't difficult to fight and tribunals are often very sympathetic to the person being dismissed. Best thing to do if you can though is get a result from ACAS early conciliation. Depending on your situation your solicitor may also advise you to remain in work for a further week, try to argue and say you do not accept their contract of employment then when your employer pushes back go off sick and fight for constructive dismissal which is more involved and a bigger argument (with a larger potential pay-off).

You need notes, and lots of them. Every conversation you have with your manager or HR person now has to be treated with great care and you need to write everything down. You also need to trace back in your mind and think of any significant events in the build up to this and note them down - anything that may be an indication of your employer trying to push you out of the door (poor performance reviews, warnings for pathetic things, trying to enforce un-enforceable stuff, denial of holiday, etc.)

In terms of severance package you can expect as a statutory minimum your notice period plus two weeks. However due to your length of service i'd estimate you'd be looking at an additional weeks pay for every year of service you have undertaken at the company; therefore assuming a 1 month notice period (4 weeks) you should be looking at almost 20 weeks pay as a package when going for ACAS conciliation, plus any due holiday as a MINIMUM. Go high, go big and negotiate down. Do not start with the minimum amounts and lose out.

If you need any help PM me.

[BrilloPad]

This isn't the thread to nitpick on someone being exploited in an employment situation. The OP may or may not be using an intermediary but they definitely are being completely screwed by the company that does/has employed them.

Indeed. One hopes the OP will report back about how things went with the CBA. The company is in alot of trouble.....

[SueEllen]

How can you be inside IR35 as self-employed? Don't you need an intermediary to be inside the intermediaries legislation

This isn't the thread to nitpick on someone being exploited in an employment situation. The OP may or may not be using an intermediary but they definitely are being completely screwed by the company that does/has employed them.

[pr1]

No implication really. He's definitely inside.

"IR35 implications" = "You'll be hit by IR35 and all that implies".

It's just that it's not possible IR35 implications - it's definite IR35 implications.

How can you be inside IR35 as self-employed? Don't you need an intermediary to be inside the intermediaries legislation

[malvolio]

Actually he has much bigger problems than IR35. Why is he being forced to take over his employer's responsibilities and costs...?

[NotAllThere]

No implication really. He's definitely inside.

"IR35 implications" = "You'll be hit by IR35 and all that implies".

It's just that it's not possible IR35 implications - it's definite IR35 implications.

[northernladuk]

Not to mention possible IR35 implications.

No implication really. He's definitely inside.

[poorautojobber]

I am moving from an employed to a self employed contract at work, after 15 years, as I’m told this is something they need to do. I have now found out that as I will be self employed I will no longer be allowed access to company info, even though I have a contract for services in place. Is this just a way of the company being difficult, as it feels i am being pushed out making the role impossible to do, without having to make me redundant and the cost this would incur.

What do you do may I ask? I wouldn't let them make you self employed without some advice. You'll be taxed like an employee with none of the benefits. Self-employed is a great lifestyle it's a choice you should make not be forced on you.
This sounds like they are trying to get round making you redundant by making you self-employed. For 15 years service that's 15 week's pay plenty to see you through finding a new job.