Am I entitled to my Statutory rights ...

U

use2b

Registered User
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.... If the company that I work for is gone into receivership and the Receiver has told me that I have a job, I know that I carry on with the Transfer of Undertakings legislation and my statuary right are protected under the TUPE legislation.

However lets say I find that I don’t turn up for work because of some exceptional situation (like a strike situation, because lots of other workers in my company were made redundant without warning) and I choose not to pass a picket because I'm in the union as well.

Can the receiver say that I have resigned my position because I failed to turn up for work, and therefore I would lose my statuary right to statuary redundancy, what are my rights, would he be within his rights under the Insolvency Act to say that I resigned my position or could be just sack me and get away with it under Insolvency Act.

I know its a lot to throw at you, so my apologies in advance for your replies.

Thanks.
 
Re: Am I entitled to my Statuary rights ...

I would doubt that refusing to turn up for work in sympathy for some other workers constitutes exceptional circumstances preventing you from working. Your job appears to be in jeapordy. Is going awol for any reason a good idea?
 
Has the law changed so that somebody going on strike can be dismissed? Because that is basically the scenario you set out.
 
I think that the OP is not on an official strike - asking about going awol in sympathy with those who are.
 
csirl said:
I think that the OP is not on an official strike - asking about going awol in sympathy with those who are.
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Sounds like that to me too.

I presume that would put him on unofficial strike , which I don't think has the same protections.


Op, would I be correct in thinking there is a Waterford vibe to your post ?
 
Yes jhegarty you would be correct, and given that fact that the reciver has made 480 workers redundant without following and employment dismisal procedures because he has the Insolvency Act to back him up would suggest that if there was a strike situation, official or unofficial that he can dismiss who he likes when he likes and whichever way he wants to.

csirl, I'm not talking about going AWOL in sympathy with anyone, I'm talking hypothetically if it was decided by the membership of the Union (which I am a member) I would be on strike as-well. And If there was a stike situation it would be Offical becasue the Union unlike the receiver would work through the correct procedures to try and resolve the issues.
 
As I understand it you would not have protection in this case.


But get something in writing from the union to confirm.
 
Yes I thought as much. The Act is clear and theres no mention of Statuary years of servive being protected or that they must be paid in any event.

See the employee's protect under the act here

Seems to be that the only one's protected in an Insolvency process are the secured creditors and the employees must take the hit, nothing new there I suposse !!

Thanks for the replies
 
I'd say that the last thing Waterford needs right now is industrial action. Great way of discouraging investment.
 
csirl, your right this would be the last thing Waterford needed, however as you seem to be concentrating on the hypothetical situation that I was refering to and not my question, I will give an update:

According to Citizen Information if you were dismissed for taking part in Trade Union Activity, this would be unfair dismissal and you would have a very good case for unfair dismisal, and they have checked with the Dept of Trade and Employment to verfity that the hypothetical situation (a strike) would fall under Trade Union Activity.
 
use2b said:
csirl, your right this would be the last thing Waterford needed, however as you seem to be concentrating on the hypothetical situation that I was refering to and not my question, I will give an update:

According to Citizen Information if you were dismissed for taking part in Trade Union Activity, this would be unfair dismissal and you would have a very good case for unfair dismisal, and they have checked with the Dept of Trade and Employment to verfity that the hypothetical situation (a strike) would fall under Trade Union Activity.
Click to expand...


The full quote is:
"Membership or proposed membership of a trade union or engaging in trade union activities, whether within permitted times during work or outside of working hours"


I'd be very surprised if the employer would allow these as permitted times during work hours.
 
This is what what I was looking for, it might make it clearer, I'm only looking for a glimmer of hope here in a last ditch situation and trying to find out what my rights and options are ...
 
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