Rolling notice

[justintime]

hi all,
has anyone heard of rolling notice, regarding redundancy?
the plant where i work are installing new machines, hence the redundancy. there are 10 of us contracting to a major company and they have said they no longer require us. we were all given the correct notice period from our employers.
about 3 weeks ago, the client announced that they need to keep 5 of us there for an indeterminate time, of between 6-14 weeks. we automatically assumed that we were off our notice and they would have to re-issue it. all 5 of us are entitled to 11 weeks notice. on wednesday there was a consultation, which i could not attend as i was on a course. during the consultation someone brought up the issue, and they were told that there was no need to re-issue our notice, as we are on a "rolling notice".
has anybody got any idea as to the validity of this. i have tried googling it, but the only reference i can find is a site at the american dept of labour.

 

[zad]

So you are a subby for the client? or work for them as an employee??

If you are just sub contracting to them then they can lay you off with immediate effect unless they have given you a contract to say other wise.

If you are an employee then notice period can last upto 90 days then from what I understand they have to re-issue using the same procedure as if it was a new redundancy consultation period etc..

Speak to ACAS google it they will let you know for sure

 

[stihl260]

I would say you need to seek legal advice on this one as it appears to be a bit of a grey area!
I have had personal experience of rolling contracts of employent, where your employer is employed themselves on a contract that does not a fixed term, but is extended on a rolling weekly or monthly basis.
This is common in the construction industry where the contract finishes when the project is complete.
I have heard of factories closing and staff being kept on the close down the site for an extended term and in turn for your completion of this period they usually pay an agreed golden handshake for loyalty.
I used to be in management and sometimes employers try it on , making the assumption that the employees will accept the package.
its only when they employee seeks legal advice that this situation changes and the employer backs down or changes its mind.
I have attended 5 industrial tribunerals where ex employees tried to claim unfair dismissal and i have won every one, purely because i followed employment law to the letter and did everything by the book.
Some managers seem to think they can use the supposedly the right wording and get away with it.
Only to find that a good employent solicitor will tear them to shreds in a tribuneral.
Most never get that far and are settled by mutual agreement.
Like i said i would seek proper advice!

 

[justintime]

cheers for the reply guys.
zad we are contracted to the client, but through our employers. we have no problem with the client, they are upgrading to new unmanned machines.
stihl260, you are correct about management trying to use words to justify their actions, and believe me they have tried it on in the past. we have a contract of employment, and there is nothing to indicate they can do this. the extension is longer than the 11 weeks we are all owed.
i will get in touch with a solicitor on tuesday, and find out from them if this is right. i'll post an update as and when.
..cheers..