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Everything posted by John_genericname

  1. Thanks for the reply. No plans to move on yet, I am concentrating on my recovery and getting some sort of stability back in my life. Just to clarify, the difference in bonus is between the shift manager role (current paid role) & the deputy manager role (requested & what I was told I was getting), not between my previous role and current role. Financially the difference between the shift manager & deputy manager bonus will be about £4000 less for the year plus vastly reduced company pension contributions if the unit continues to perform as it is (which is highly likely). From a day to day work perspective, I am already undertaking tasks well above the defined deputy manager job description to help the current manager out and let him focus on different aspects of the business to develop it. He is utilising my experience and I have no objection to that since it makes sense and will benefit the business and thus all out bonuses. I found out the area manager will be in the unit tomorrow and have requested time with him to discuss which is why I am asking if I have a case to push him to honour his verbal agreement that I be given the deputy manager package.
  2. I have worked for my current company over 10 years and have been a successful manager for over 8. 10 months ago my unit ceased trading due to rental contract renewal issues. I transferred to another unit as manager to run that for it's final 3 months (same rental contract renewal issue) and then moved to another unit in a different town. I unfortunately suffered a stress related mental breakdown and was signed off work with depression after attempting suicide. When I was well enough to return to work I felt I was still not strong enough mentally to return to work as a manager so requested that I might take a voluntary demotion to deputy manager at a different unit for the sake of my health. This was agreed verbally and in my letter to personnel I explicitly stated that I was requesting a demotion from manager to deputy manager. Fast forward 2 months and I have just been informed that there is no room for a 2nd deputy manager at the unit I am at, and that my position is actually a shift manager. 6 months previously at this unit there were 2 deputy managers and I was introduced to all the staff & management team as the new deputy manager but I have yet to receive a new contract. There is no difference in basic pay, but there is a large difference in potential bonus. If I decide to move on from this company, my CV will look awful having the drop from manager to shift manager, the drop to deputy manager will look bad enough. So my question is, is the verbal agreement worth the paper it was written on? can they refuse to honour it and not give me the position of deputy manager?
  3. Thank you for your very prompt, understandable and detailed reply, not what I wanted to hear but if that's the way the regulations are written. You are right TUPE does seem to have an undesirable side in my case! I have just been speaking to the line manager at another unit I know and he is more than happy to have me,an instant YES, however when I explained what I had been told about having to apply via the internal vacancy list because of TUPE his reply was that it would be a problem. Internal vacancies take 2 or 3 days to set up, must be advertised for a minimum of 2 weeks and he must interview all applicants who meet the required criteria, which by my calculation puts it past the closure and thus TUPE date! Also I would have thought he can't guarantee me the job, someone more suitable than me might apply (unlikely ! blowing my own trumpet ) and he would then have to justify why he chose me over them then, possibly opening himself up to problems. TUPE means that you must transfer with the undertaking - the contract with Company A must automatically transfer across - although this may be changed by negotiation, it is not a given at all Does this mean when I speak to the new company at the TUPE meeting I can request not to TUPE over and if both they and my current company agree I can continue with my employment with my current company? although thinking about it, my current company would be unlikely to agree would they because if they didn't do it for everyone then my colleagues would have a case against them then wouldn't they? RUDE EXPLETIVES! Final question if you have the time: If I resign then apply to an external vacancy with my current company, would there be any potential repercussions for the line manager taking me on? I am, to put it bluntly, very good at what I do, and he could justify taking me on. I know it would reset my long service 'clock' with them unfortunately.
  4. Long explanation alert! I work in licensed retail in a concessions environment. 3 weeks before xmas we were told that negotiations with the concession owners for renewal of contract with the company I work for had not been successful and a different company providing almost exactly the same offer would be taking the contract although we were not given a date as to when this would all be taking place, probably April sometime. My line manager told me verbally at the time that his area manager had told him that TUPE regulations would apply and that if we wished we could TUPE over to the new company or if not then I would be able to stay with the current company and they would find me a position in another outlet (current company have almost 1000 outlets nationwide). I received the same information verbally from the area manager himself and was told not to worry about things. Yesterday we had our first meeting with someone from head office personnel dept. and the story is totally different! We have been given a date in 2 & a bit weeks time as the closing date, then at that time we will automatically become TUPE'd over to the new company and be working for them. The only option we have been given to stay with the current company is to apply for a vacancy on the internal vacancy web site and get transferred in that 2 weeks!!. At no time has any mention been made of any redundancy package, it's been a case of 'you've got a job with them or you can resign from them'. basically it seems like we have been sold along with the furniture to the new company. We have been told there will be a TUPE meeting with the new company but have not been told when and to phone that new company if we have any questions ( but were not given any contact details ) BTW my line manager is in exactly the same boat apparently and is dumbstruck! First time I have even know him not to know what to say or where to find out the information if he didn't know. I know several people that work for the new company and they are not that good to work for and although I understand my basic hourly rate is protected, the whole package for the new company is significantly lower (no share scheme,bonuses,long service extra leave etc, all of which are non-contractual & discretionary so in my understanding are not protected) I have been with the current company almost 5 years( in fact I gain 1 off of an extra 5 days holiday as a long service bonus 3 weeks after the close date and have been told I will lose that:|) The new company will not be opening immediately as the unit will be redeveloped and the planned new opening date is in 2 months time, leaving me with nowhere to work for 6 weeks. Strangely enough despite the way this has just been handled I want to continue with my current company, day to day they are great to work for, although that might just be because I have a good line manager. So that's the background, now the questions: 1: Does my current company have any legal responsibility to find me a position within another of their units? 2: Should my current company be offering me some sort of redundancy package as an alternative to TUPE'ing over ( is that a word?) or is it just a case of sold with the furniture? 3: Does the new company have to honour outstanding holiday earned or should my current company be paying this as a lump sum on leaving? 4: I am on a zero hours contract (although I have consistently worked between 35 & 40 hours a week for my whole 5 years with the current company), so for the 6 weeks does the new company, if I TUPE over, have any legal responsibility to find me work or pay me? 5: Should the current company be giving me more time to attempt to find a position within their other units myself? I know several of the managers at other units and I could probably get a position with one of them, but the head office person said it needs to be done before the closure and via the official internal job application process, interviews etc. (which takes weeks) otherwise it could be considered as the company discriminating against the other staff (i.e. why are they being transferred and not me). Any help or advice would be much appreciated
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