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dekd

Company just been taken over, a little guidance would be appreciated

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Please share your thoughts !  

  1. 1. Please share your thoughts !

    • If I'm unhappy, take the offer of ten years redundancy
      0
    • Fight on terms of service/contract and argue my contractual role/title etc
      0
    • Go sour and fight it with legal advice
      0
    • Tough luck, be happy I still have a job :(
      0


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Howdy,

 

Fingers crossed, someone with a little more employment law knowledge than myself will pick up on this for me, even if it's just a simple sanity check.

 

I'm conscious of divulging to much info, but can comfortably outline the situation.

I have been employed with my present employer for 10 years in Oct. My employer told me of a take-over, which was largely driven by a significant work providers drive for a single supplier/business partner. In a nut shell, we were one of of two partners to a large plc and it's now one, with the larger of the two retaining brand/name etc. We are the smaller of the two and have subsequently been taken over.

 

Last week, we as a company received the formal notice/company communication (hate to say it but the positive/exciting times ahead blarb) I had been aware of this for some time due to my level within our business and for key strategic planning.

 

Long story cut short, today I met the new HR Director. In a nut shell, my role, responsibilities and title is to change or so I'm told. Salary red ringed so no issues there, but the intended new role is in my eyes something I worked up from 4/5 years ago. I totally appreciate the fact that it's a larger organisation now, with new opportunites etc, etc. This element is plain and simple. However, I feel It's not for me and effectively, I'm taking a backward step. Our current MD is fab and i had a chat today and propsed redundany, which he said he will do for me if i decide i go that way.

 

I'm fine with this but I hate to say it, am a little miffed.....

 

Other information is the fact that at no stage, has anything informally or formally been communicated to me in the sense of a change in role, title and responsibility etc to me personally. Further more, the company which employed me in the sense of my contract still exsists. They have not vanished in the sense that I know that some key clients/contracts still exsist with my employer and will do so for some time.

 

My question is, any thoughts for or against / pros and cons of either taking redundancy, which would sort of suit v.s. digging in and arguing that I'm employed in X capacity and so on and expect to be/continue within the new organisation...... Can i adopt the sorry, I'm the company "role" and not this newly suggested regional "role"

I think I have a case, but would appreciate any thoughts. My thoughts are that surely I should be given some form of notice to outline the changed that were outlined today?

 

What could any positive outcome be i.e I dig my heels in and it goes in my favour and I retain my title/role within new company? Is constructive dismissal a posible better outcome v.s redundacy or even negotiating severance based on length of service/salary etc (I mean financially) Basically statue weekly cap value on redundancy does not match my surrent take home weekly pay.

 

Sorry for the lengthy ramble. but thought the background would help with any potential responses.

 

Thanks in advance.

 

Do I go with the offer of a redundancy, fight for a role I believe I should retain or dig in and fight the new company?

 

D

Edited by dekd
typo

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I would have thought your main concern would have been whether you had a job or not? Are you in a position to get a new job fairly quickly which matches your current (old) role? If you are perhaps taking the money and running would be better than causing yourself so much anxiety. have you read the posts on here where people are made ill with the worry?

 

To be honest is there some small part of you that is pandering to your ego? (No offence intended just giving you some food for thought)

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Hello and welcome to the forum. I can see that your position is complex, but I think you could probably find the information you need on the directgov or ACAS websites. I can see you're intelligent enough to tell whether you have a case or not.

 

I don't know a lot about constructive dismissal except that everyone on the forum says it's very difficult to prove. Also, I don't know how that concept applies if you salary is unchanged. As papasmurf says, is it worth walking out because of a bruised ego if you don't have another job, in these straitened times? Of course, if you plan to set up on your own and tax free redundancy would see you on your way, then that could be an option.

 

Do you think your heart would lie with the newly constructed company?

 

Lastly, are the company following their own redundancy consultation procedures with you?

 

I hope some of our ET type gurus will comment, not that papasmurf doesn't know a thing or two about that as well.

 

HB


Illegitimi non carborundum

 

 

 

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