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stapldm
Member Since: 11 Sep 2006
Location: Swine Town
Posts: 2330
  
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AD, are you employed in the UK and paid in GBP, or employed in the US and paid in USD with an out of country allowance? Unless you're working overseas from the office that pays you, I think you'll find that UK law applies to you. Dr. Ian Malcolm:
"Yeah, but your scientists were so preoccupied with whether or not they could, they didn't stop to think if they should."
Transgenic tomato anyone?
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 17th Dec 2009 10:47 pm |
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DG
Site Moderator
Member Since: 12 Dec 2005
Location: The Gaff
Posts: 50934
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 This is half the problem ...some companies rely on the unwitting acceptance of the circumstance by the individual to ride total roughshod over their loyal employees proper rights and entitlements ...fight for what you are entitled to Ad ...FFS you have nothing to lose and remember they are laughing all the way to the bank (who are also laughing  )  21 year LR veteran > D2 GS 2003 > D3 S 2006 > D3 HSE 2009 > D4 HSE 2013 > D4 HSE 2015 > D5 HSE 2018 > DS HSE R-Dynamic P300e 2021
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| 17th Dec 2009 11:13 pm |
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ad15
Member Since: 14 Dec 2008
Location: up that tree
Posts: 4866
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WAS employed by a US company, paid in USD into UK account... so at present under the impression that I don't REALLY have a leg to stand on, apart from the fact that I have ALL the money this end.... and the knowledge that they owe me a load of money, Uk office etc etc, phone contracts that need to be bought out
unless you think otherwise.. one wife.......livid
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| 17th Dec 2009 11:52 pm |
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NJF
Member Since: 05 Oct 2007
Location: Gone
Posts: 2466
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Substance over form ... seems you ARE actually employed in the UK and that you have UK employment rights, even if you do not necessarily have a contract that says so. Take legal advice from a Central London employment lawyer, who will have experience of international employment practice and UK law.
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| 18th Dec 2009 6:24 am |
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NJSS
Member Since: 06 May 2009
Location: Catherington, Hampshire.
Posts: 10501
 
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AD15
I am really sorry to hear your news.
I was a solicitor, but retired 9 years ago, so not current on the law.
From what you have written I would bet that you are in a position to mount a successful claim.
See a specialist employment solicitor ASAP - don't settle for advice from anyone who doesn't practice employment law 100% of the time IMHO.
Good luck.
NJSS Am I Gammon or Woke ? - I neither know nor care.
2016 Discovery 4 Landmark
2011 Mercedes Benz SL350 (R230)
1973 MG B GT V8 - 3.9L John Eales engine, 5 speed R380 gearbox, since 1975.
1959 MGA roadster - 1.9L Peter Burgess Engine - 5 speed gearbox
Past LRs - Multiple FFRs, Discos & a Series I - some petrol, some diesel,
none Electric or H2 fuel cell - yet.
There are 10 types of people in this world: Those who understand binary, and those who don’t.
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| 18th Dec 2009 7:48 am |
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JF Lux
Member Since: 08 Sep 2007
Location: A little country in Europe
Posts: 3522
 
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ad15 wrote:WAS employed by a US company, paid in USD into UK account...
Doesn't matter - it depends on your employment contract. You are either employed under UK law or under US law (and then on some form of "ex-pat" contract). The next American ex-pat that calls it a "truck" is going to find out what 2.7 tons feels like on their foot...
Club "yes, I too have had the EGR's replaced..."
Club "yes, I too have had the compressor replaced..."
Club "yes, I too once had the car at the dealer for a couple of weeks nearly 4 weeks over 4 weeks...5 weeks"
Club "yes, I too have had EPB failure..."
Club "yes, I too get mysterious bings and bongs..."
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| 18th Dec 2009 8:09 am |
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ad15
Member Since: 14 Dec 2008
Location: up that tree
Posts: 4866
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hmm, ok thanks for the info, will need to talk to someone i guess,
is it REALLY worth the fight? trying to take on a US company from over here?? one wife.......livid
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| 18th Dec 2009 4:10 pm |
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PaulP
Member Since: 04 May 2007
Location: Barcelona
Posts: 4317
 
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Put the shoe on the other foot ad.
As far as your ex-employer goes, is it really worth them putting up a fight with a UK-based employee made redundant without them following the correct procedures laid down by law?
In the same way that you may see it futile to argue to case, they may also take the same line and just settle up and avoid the hassle.
As others have said, what you can do ultimately depends on your contract - if it is an offshore (US) contract, then common sense may dictate that it's not worth the trouble if even a successful outcome could lead to very little compensation, but until you get someone to look at it properly, you'll never know
Good luck 2006 Discovery 3 TDV6 SE Auto Buckingham Blue
2007 Golf GT DSG
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| 18th Dec 2009 4:38 pm |
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AndrewW
Member Since: 06 Aug 2007
Location: Saddleworth
Posts: 2302
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Sorry to hear it, ad.
I would re-iterate what's been said here, that you should be able to invoke UK law (which can trip anybody up, even the Home Secretary  ); get a good lawyer to find the loophole - you can bet the yanks haven't covered every nit-picking UK clause.
Take 'em to the cleaners, if you can, then use the capital to go independent. We need you doing that more than we need them over here...
Best of luck
Andy
PS doesn't it depend where you pay your Income Tax as to what law you come under? 2006 D3 finally swapped for a 2016 D4 Graphite in Graphite grey. No mods
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| 18th Dec 2009 4:50 pm |
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JF Lux
Member Since: 08 Sep 2007
Location: A little country in Europe
Posts: 3522
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AD - things to consider "if it is worth it"
Redundancy package - is one on offer and is it reasonable (a difficult question in such a position, but you need to try and be objective)
If there is a package - do you lose the right to it if you contest
Has the redundancy notice been correctly made - eg and as mentioned before, are you in "consultation" (but this depends on the number of employees being made redundant); has it been formally communicated in writing.
It can be a negotiating game - a package is offered; you take it or not; if not and you believe it is low then the company may be willing to give more if you formally contest. They may have this in the restructuring budget and it can be a case of "if you don't ask...you won't get..." The next American ex-pat that calls it a "truck" is going to find out what 2.7 tons feels like on their foot...
Club "yes, I too have had the EGR's replaced..."
Club "yes, I too have had the compressor replaced..."
Club "yes, I too once had the car at the dealer for a couple of weeks nearly 4 weeks over 4 weeks...5 weeks"
Club "yes, I too have had EPB failure..."
Club "yes, I too get mysterious bings and bongs..."
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| 18th Dec 2009 5:03 pm |
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RPG
Member Since: 23 Feb 2009
Location: The End of the Earth (West Cornwall)
Posts: 712
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ad15 wrote:would that be colin
Yip. Did ya know he's got a shiny green 'fender now? (I think I might have helped swing him on that one...just gotta get him out laning with us some time, now!)
ad15 wrote:D3 MAY have to go for something cheaper
You can borrow mine in the week if I can borrow your "something cheaper"
On holiday, now! Thank 
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| 18th Dec 2009 6:56 pm |
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ad15
Member Since: 14 Dec 2008
Location: up that tree
Posts: 4866
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Rog, say hi to colin from me, havent seen him for about 3 months now, him in a fender, nice,,
JF, no consultation, no warning, nothing, just random conference call, and told was being laid off due to re structuring and easier to follow international from the US office, effective immediately
incidentally, they have already got someone else doing EXACTLY the same job but based in their office, even though they have advertised my job on malakye as well. the irony is it is an impossible job for them to do from over there, the time zone alone makes it non worklable,
as for them already giving someone else the hjob, i thought you couldn't make someone redundant and then reemploy in the same role,,, one wife.......livid
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| 18th Dec 2009 8:40 pm |
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JF Lux
Member Since: 08 Sep 2007
Location: A little country in Europe
Posts: 3522
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ad15 wrote:they have already got someone else doing EXACTLY the same job but based in their office,
as for them already giving someone else the hjob, i thought you couldn't make someone redundant and then reemploy in the same role,,,
Normally I would say you are correct - but this is where you do need to consult with the right people. As the redundancy is under a restructuring term AND the new position is in the US they may be able to do this.
This time last year I had to ruin someone's Christmas as well...  (hated doing it...) We had to reduce by 8% globally and part of it was done by restructuring. This person was in Edinburgh and the position had to go along with the person. Therefore the role was absorbed across other areas/people.
As said, though - if the position is now in the US there may be a loophole allowing this. The next American ex-pat that calls it a "truck" is going to find out what 2.7 tons feels like on their foot...
Club "yes, I too have had the EGR's replaced..."
Club "yes, I too have had the compressor replaced..."
Club "yes, I too once had the car at the dealer for a couple of weeks nearly 4 weeks over 4 weeks...5 weeks"
Club "yes, I too have had EPB failure..."
Club "yes, I too get mysterious bings and bongs..."
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| 18th Dec 2009 8:50 pm |
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ad15
Member Since: 14 Dec 2008
Location: up that tree
Posts: 4866
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si i submitted a proposal for $59k for them to settle redundancy etc etc.
they came back with $38k first offer,,,
I've rejected that one so far.....
also looking at going it alone, if this company can screw it up so badly and still turnover over 10mill a year then i can sure as heck do better, so far i have 7 countrys to distribute so MOQ is not a problem , i have factory and also shipping (bigdave although he doesn't know it yet...)also have designer, website ready to go, pr etc all taken care of even have a good store base in UK as swmbo owns distribution company here and has over 100 accounts..
just really stuck on brand name... am pretty fussy due to reasons i'll happily explain later, it's a clothing brand for surf/ snow/ mountain types,
feel free top post name ideas..
thanks for ALL input and support over the last month, it REALLY is appreciated, you lot have kept me sane,,,, just..
and also given me the confidence to give it a shot on me own... one wife.......livid
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| 4th Jan 2010 9:33 pm |
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Paul J.
Member Since: 09 Dec 2005
Location: Leafy Cheshire
Posts: 7258
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My suggestion: "Terrain Response" ..... but you might find that someone else has copyright on that.
Paul An ex-Disco3 / FFRR owner ......
..... now on the JLR electric highway.
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| 4th Jan 2010 10:31 pm |
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