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Old 26-10-06, 08:17 AM   #1
Baph
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Default Employment legal questions

The honourable members of the .org are wise in all kinds of matters, so I thought I'd put this before you all to get another opinion. I will, when time permits, be asking the same of my local CAB.

OK, so for those that don't know because they haven't read the other thread, I was recently offered a 'promotion.' Really this is just a side step, I'll be on the same rung of the ladder, but earning more & doing a slightly different role, though I have no doubt I'll still be doing parts of my old role too. For those that did know about it, you've just been told again :P

Basically, my new position will be that of Java Developer (although there are other bits to it, so I'm unsure what my exact job title will be - DBA/Linux work, forefront design/R&D stuff etc etc). This will be on a 3 month trial. There are other options on the table at the end of this 3 month trial, which include things like the opportunity of a different position if it doesn't work out (which would mean more work & stress, but quite a lot more beer tokens to compensate), returning to where I am now, and reducing pay to the level it is currently, or staying in the development role. If I go for the other position, or stay as a developer, I'm told there are further options including the company buying/renting me a house, or (more likely) possibly just covering the costs of me moving house.

This whole deal of 3 months trial kind of worries me. I have asked for all of the above to be put in writing by the board of directors, but I know the chairman's attitude "I've given my word, that's good enough, we don't need to put this on paper." Whilst the chairman has never gone back on his word that I know of, he's the chairman for a reason, he knows how to run a business with a profit.

At the end of the trial period, the sceptical part of me sees the possibility of them saying "Well, it's not worked out, so I'm sorry, but you'll be claiming the Dole." I know realistically that this is unlikely, due to the nature of the work I do here at the moment, but the doubt, and my mortgage etc scares me if income stops.

Baring in mind that multiple people have said that they agree to me coming back to exactly where I am now, should things not work out in my new role, I'm left wondering where I stand if I don't get my offer exactly in writing. I'm hoping at the moment that because all 9 of the directors, including chairman, the head of development, and the head of support have all said that I can come back to my old position, that should they decide to releave me of my income, they won't have a peg to stand on. But I'm not sure.

As always, any & all comments/opinions welcomed
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Old 26-10-06, 08:24 AM   #2
lynw
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Pm Ed, hes the employment legal expert on here and will be able to give you correct advice better than anyone else can.
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Old 26-10-06, 08:26 AM   #3
Jabba
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Do you have a contract at the moment?

If so, what will happen to this during the three months? If it stays in place, not to be replaced by a new one then if it doesn't work out you will still have a contract.........


Just a thought.
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Old 26-10-06, 08:30 AM   #4
Baph
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Quote:
Originally Posted by Jabba
Do you have a contract at the moment?

If so, what will happen to this during the three months? If it stays in place, not to be replaced by a new one then if it doesn't work out you will still have a contract.........

Just a thought.
I have a contract of employment, but my feeling is that if this isn't ammended to show my new position, there's a possibility that if I complain later, I could always get the argument of "Your contract isn't accurate, therefore it's not valid either."

Thanks for the thought though, it's something that I hadn't really considered before this post
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