Impending Redundancy without a Contract

[bobjohn]

Redundancy likely.
I have a concern about my rights for a fair notice period.

I am employed as a manager for a small family owned limited company. My employment started Full Time some 18 months ago. The position was offered to me by the Director and I agreed a salary with him.

At the meeting I ask about a Contract with Terms and conditions. He said not to bother, "I was going to be part of the family". He said he would leave me to take holiday when I felt I needed it. He said he trusted me.

I said OK as long as the terms are the same as my previous managers role in a large corporate chain. This he accepted. So I have worked on the basis of taking 5 weeks holidays and would offer a months notice (as I senior manager would expect as a minimum). I know I should have demanded a Contract but rather naively took him for his word.

The company has overstretched itself financially this year and I feel it is highly likely that my position will be made redundant very soon. My real fear is they will endeavor to lose me with only a weeks notice rather than a months notice. There is no precedent for my position in the company as I am employed directly by the director supporting three of the businesses. I am paid out of one of these businesses for convenience. The Employment Contracts in the businesses are all one weeks notice, but all positions are Head of Department or less.

Do I have any rights to demand a months notice?
Surely a contract should have been issued by him?

To cap it all, I have seen this coming as the owner has brought his own son into the business. My authorities and responsibilities have been gradually eroded as the owner has taken more risks and interfered in the business. I could potentially go for Constructive Dismissal if I really tried , but everything is very woolly and don't really want the stigma or bad feeling of such an action.

Any HR managers out there who might be able to give me advice would be appreciated. B

[old_andrew2007]

pm sent to moderator with experience of H R issues

regards

Andy

[Ell-enn]

Hi there, I'm sorry to hear you fear that you might be made redundant. Let's hope it doesn't come to that.

A statement (or contract) of your terms and conditions of employment should have been issued to you within 2 months of starting. However, even in the absence of this there are certain terms and conditions which are implied but unless you have a written term of 1 months notice the following would apply:

• at least one week's notice after one month's employment

• two weeks after two years

• three weeks after three years and so on up to 12 weeks after 12 years or more.

However, the employer or the employee will be entitled to a longer period of notice than the statutory minimum if this is provided for in the contract of employment.
Most employees, subject to certain conditions, are entitled to certain payments during the statutory notice period. Employees can waive their right to notice or to payment in lieu of notice. Employers can also waive their own right to notice.

Do you get properly itemised payslips each month?

Kind Regards

Ell-enn

[bobjohn]

Hi Ell-enn

Thanks for your posting.

I do receive an itemised payslip each month with my salary.
Suppose my gripe is that I was promised flexible and what was fair T&C and shook hands on it and now realise that unless I am very much mistaken, they will give me as little notice as they feel they can get away with.

Perhaps I should resign in writing giving a months notice before they have the opportunity to start consultation. Would that make them duty bound to honour?

Regards B

[Ell-enn]

Hi, you should only resign if you have another job to go to straight away. While they are still paying you you should stick it out and see what happens. Never resign in haste... you can't usually backtrack from it.

Kind Regards

Ell-enn

[bobjohn]

Thanks, will sit tight

B