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Shafted employee getting redress?


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Someone I know helped set up a now hugely successful restaurant (not just helped, sourced the location/property, designed the look and theme, did all the tech and social media design, etc.) then was asked to take a 7K PA pay-cut (already only on 25K PA), refused, was then asked to work a month's notice, so told them to do one and left immediately.

 

He's distraught. He put his heart and soul into this venture.

 

What options are open to them, if any?

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He could sue for constructive dismissal on the grounds of his reduced salary for doing the same job, then use those self same skills which he channelled into their business to start up competition to the obnoxious oafs.

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The constructive dismissal sounds like the best way to go, but it will be a long haul for him I think.

 

He sounds talented as hell though. I think he should sell his clear talents to someone who wants to do something very similar, enter into a legal partnership, and then drive the other b*stards into the ground. And don't be afraid to play dirty. He needs payback too.

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Someone I know helped set up a now hugely successful restaurant (not just helped, sourced the location/property, designed the look and theme, did all the tech and social media design, etc.) then was asked to take a 7K PA pay-cut (already only on 25K PA), refused, was then asked to work a month's notice, so told them to do one and left immediately.

He's distraught. He put his heart and soul into this venture.

What options are open to them, if any?

What was the nature of his contract?

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It's in the UK. It has been a pop-up for a while, then starting steady since the beginning of April.

Ok, well the qualifying period to claim unfair dismissal (including constructive dismissal) is normally 2 years or 1 year in NI
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I'm confused. Is it the kid/chef who got shafted or their parent?

 

I think what DD is saying is that two lads started the business - the one who's getting shafted and a 21-year old chef. The chef's parents provided the capital and are acting like dicks. By forcing the lad out of the business they'll also be screwing their own son over since the business is likely to suffer as a result.

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I’ll bet the contribution of this lad has been overstated

 

But if I’m wrong, and as an example of how glass full it is for the lad if he’s prepared to pick himself up and go again:

In Liverpool, if he could replicate that performance, there are people I know (and now and again it includes myself) who would give him a decent salary and a participation in the business if he could do it again.

 

It would be nice if the schism in the family isn’t so great that he can’t even get a properly worded reference out of them - one that describes what’s he’s done for the business.

Edited by Molby
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I think what DD is saying is that two lads started the business - the one who's getting shafted and a 21-year old chef. The chef's parents provided the capital and are acting like dicks. By forcing the lad out of the business they'll also be screwing their own son over since the business is likely to suffer as a result.

Ta. Makes sense now

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It's a f***er no doubt, but at least he's got the project and all the branding etc to use looking for other work. Hopefully it'll get someone to take a punt on him.

 

Is there any chance he owns the copyright on that stuff? Was it done whilst a paid employee of the company (in which case it probably isn't) or was it done whilst they were starting up the company, before he was being paid and off his own back (in which case it might be his)

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It's a f***** no doubt, but at least he's got the project and all the branding etc to use looking for other work. Hopefully it'll get someone to take a punt on him.

 

Is there any chance he owns the copyright on that stuff? Was it done whilst a paid employee of the company (in which case it probably isn't) or was it done whilst they were starting up the company, before he was being paid and off his own back (in which case it might be his)

I think the whole venture; including the pop-ups; were being funded by the chef's parents. He'll no doubt be able to show his work to prospective employers. He did a lot of promo food photos when he worked for John Burton Race too.

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