advice needed on empolyment contracts and constructive dismisall

[claire99991]

Hi i was wondering if anyone would be able to give me some advice, im having problems where i work at the minute, i have a part time job working 16 hours a week (the hours fit in round my daughter so it works well) i have worked with this company for 1 year and 1 month, when i first started i was only given 9 3/4 hours a week but just 2 months after starting sumone left so i was offered the 16 hours but my contract was never changed, i assumed it was changed and had no reason to doubt this until i took a weeks holiday in May and only got paid for 9/3/4 hours instead of the 16 ( i have been doing 16 hours a week for 10 months and have the payslips to prove this) when i rang my line manager in May she told me she would sort it out and get the contract hours changed for me however i wouldnt be entiteled to the money i had lost. Anyway 3 months later and im still waiting for it to be changed she keeps making excuses 'its in the system' 'its being dealt with' 'i will look into it when im in the office' and im still no further forward.

 

There is another girl i work with who has always disliked me she is very close friends witht the line manager and what she wants she gets (time of at drop of a hat, favours etc) anyway there has become another job available close to mine but its only for 10 hours a week and i have a feeling that the line manager is going to tell me my contract hours carnt be changed even though i have been doing them for 10 months and make me go to this other job. (i beleive this girl has had a word with her and asked for this to happen). I know this is all very complicated and seems like so much hassle for that few extra hours but with a young daughter i really carnt afford to fall back down to 10 hours a week and i wondered where i stood with it all, does she have the power to move me and reduce my hours when it was her fault the contract hours were never changed 10 months ago? If i refussed to go to the other job and left could i go for constructive dismisal? Any advice would be SO MUCH APPRECIATED its really worrying me.

 

Thanks claire

[Guest Old_andrew2018]

Hi Clare

You raise a few issues, before I reply please note I am not an expert.

I would say that as you were invited to work those increased hours per week, were paid for 16 hours per week, are able to prove it via pay slips then it can now be seen as part of your contract.

 

I am a little confused about the other lady/colleague you mention, is she part of the issue with the line manager, do you suspect she may "take over" your job, its not too clear from your post.

 

Are you sure that you may be moved to the 10 hour post?

 

I think you have to take out a grievance, this I am sure will kick start your line manager into dealing with your concerns he/she won't wish to been viewed as incompetent or inept.

Remember your companies grievance procedures will have time scales,

(I expect based a guidance from ACAS).

If you are unhappy with your line managers response, then escalate your grievance to the next stage, this will take your line manager out of the equation.

The question you ask about constructive dismissal is more complex, I would argue that unless your terms and conditions were altered drastically then any claim would almost certainly fail, in addition you would have been expected to have exhusted any grievance process.

So to leave without doing the above would be unwise it could also affect any benefits to which you may be entitled.

 

I am sure that I will be coorected if any information is wrong.

 

Regards

 

Andy

Edited July 17, 2008 by old_andrew2007
Typos

[claire99991]

I am as confused about this more than anyone all i know is i started the job at 10 hours they were increased by the company to 16 last september now i have raised the issse of my contract as im not getting the correct holiday pay and now im being told there over budget and carnt change the contract without permission of a top boss who is on holiday for the next 2 weeks,

 

the situation with the other girl is basically she is a sh** stirrer who is friends with the boss and likes to cause trouble for everyone and when she decides she doesnt like people anymore they are quickly moved to another site.

 

Its all very strange but i suspect i will be getting a call in the next few weeks saying they are over budget and are having to let me go (i dont know why it takes them a year to realise there over budget)

 

I just dont know where i stand with any of it.

[Zamzara]

They're misinformed. Your contract is already changed by giving you the higher number of hours: whether they chose to record this on a piece of paper somewhere is irrelevant. You should raise a grievance about underpayment of holiday pay.

[Sidewinder]

Excellent advice above. Raise a written grievance referring to the Manager offering you 16 hours a week and arranging to provide a new contract which you have not received. You have however, as they will note from their records, been working those 16 hours a week for ten months and have been paid for such without argument from the company. By custom and practice therefore, an implied term of contract now exists whereby your normal hours are 16 per week and you were therefore alarmed to have only been paid for your 'old' hours when taking paid leave. Despite assurances from the Manager that this would be resolved, you are disappointed that the company still have not paid the outstanding holiday pay. In the circumstances you expect this to be paid with your next wages please.

 

Regarding the 10 hour vacancy and the possibility of you being 'let go', it would seem very strange to get rid of you yet still advertise another vacancy. With 13 months service you have a degree of protection from unfair dismissal and your employer might find it hard to explain the coincidence of terminating your employment after raising a grievance over your contract yet still having hours available elsewhere. The fact that you are doing 16 hours a week by custom and practice means that they cannot simply sideline you into a lesser paid role unless by negotiation.

[claire99991]

Im coming up to eing 14 weeks pregnant, i informed my employer that i was pregnant when i was 6 weeks in a letter that ive kept a copy of and sent recorded delivery. I have been told that they will have to do a risk assesment but nearly 8 weeks later im still waiting despite asking several times. They told us last night 1 person is getting made reduntant on wednesday as they are over budget. They said they use the last in 1st out method well i wasnt the last one in another girl has been there 11 months (ive been there 2 and half years) also her attendance is the worst. However she is screaming blue murder that she wont be going and so i think they will go with the one after her which is me! they arent very pregnancy friendly when my boss spoke to me after recieving my letter he said 'what have you gone and done a thing like getting pregnant for' also he hasnt sorted the risk assesment and when i told him i was being very sick and could i just take a min to sit down after i had been ill (and i mean 1 min) he said im discriminating the other staff as they carnt just have a break whenever they want one this was infront of other staff so he made me look a complete fool. Anyway i just wanted to know where i would stand if its me for the chop tomorow can i claim unfair dismissal as i dont think it should be me who goes with ppl starting after me and i have the best attendance record. Its all worrying me.

[godpikachu]

ok, this is blatant discrimination.

 

first step:-

 

Ring ACAS...NOW!

 

 

2nd step:- file an official written complaint with your manager stating that you are being discriminated against based on the fact that you have fallen pregnant.

Also state that you consider your impending redundancy to be unfair and that at no time have they consulted you or completed a correct (and legal) redundancy process, and that should you be made redundant, you will immediatly file for an unfair dismissal tribunal based on discrimination, harassment and failure to carry out redundancy proceedures in the correct and legal manner.

 

3rd step:- pick up a form ET1 from the CAB and fill it in, then wait for their response to your complaint.

if the resonse is anything other than "we are sorry, you wont be getting made redundant and you are entitled to full maternity pay"...then you file the ET1 and take them to the cleaners.

 

 

 

basically, your boss is trying to save money on maternity payments etc, and so is trying to get rid of you on the cheap, dont let them.

[Guest Old_andrew2018]

Hi

Any news?

[claire99991]

Ok i need sum advice urgently as im making myself sick with worry over my situation at work at the moment.

 

Im 29 weeks pregnant im due to start my maternity leave at 30 weeks, i work as a cleaner for a very large company (nationwide company i think) in informed my boss in writing of my pregnancy at 6 weeks sent it to be signed for anyway he said that a pregnancy health assesment would need to be done as i have a physical job and i work with chemicals, 26 weeks pregnant and i was still waiting for this assesment i was also getting left to do my owne work and other peoples as they have been a lot of holidays and people being of sick to cover and my boss didnt get any extra help in for us, i was going home in pain and very tierd so i complained higher up the chain, didnt here anything about my complaint but my risk assesment was done at 27 weeks just after i complained, my boss has made various comments to me thru my pregnancy such as 'if i sit down after im sick at work im discriminating the other staff' and he constantly swears at us i actually have txt msgs on my phone with him swearing at me. Anyway i complained about the swearing as i really dont like it and now he is facing a disciplinary when he returns of his holiday, last week out of the blue after failing a inspection (we get monthly inspections but because our boss hadnt arranged any extra cover whilst half of the staff were of on holiday at the same time we failed) another manager higher up the chain came in and told us we were all being put on redundancy notice as they felt they needed a supervisor on site and needed to make room for that posistion.

 

Then they pulled me up because last week after a antenatal appt they found my blood pressure to be very low and i got dizzy in work i left work for approx 3-4 min to get sum air and a sugary drink to feel better, (i have it in my notes of my midwife that my blood pressure was low) i then returned to work and carried on it states in the rules we arent allowed to leave the building once we are in there till the end of our shift but i just didnt think, i felt so ill i went over the road got a drink and come back and now im facing a disciplinary hearing where he is talking about dismissing me i have never been in trouble before, been there nearly 3 years.

 

tonight when i went to work i was suprised to see a new employee has started he has taken sumone else on even though the rest of us are on redundancy notice, is he allowed to do this? he hasnt even got rid of anyone yet

 

he is coming into see me about my disciplinary and about the complaint i made against my boss on monday, i feel like becuase i complained about not being treated fairly im the one who is now for the chop over leaving to get a drink when i wasnt feeling well, im so upset over this i carnt sleep its all i can think about i have a 3 year old and soon a new baby and im due to start my maternity leave next week and now im facing the sack where i wont be able to claim any materntiy money.

 

Any advice on what i should do? i tried to get in CAB but they are fully booked for another 2 weeks

 

please help advise me

[hardworking_harddoneby]

Hiya,

Firstly congrats on your pregnancy

 

I'm NO expert, but there are loads of great people on here who will help you soon. I just wanted to say don't be too worried about losing your maternity allowance... I was sacked when i was pregnant (i'd only been at the company for 2 months and was on probationary period when they found out i was pregnant and then sacked me for sending some personal emails the ****)

Anyway I was entitled to pretty decent maternity pay from the government as i could prove with payslips i'd worked a certain amount of weeks leading up to my pregnancy (again, I don't know how it is worked out, but a CAGger will deffo know) I had worked a few months and had bonuses somewhere before this company and could use them to bump up my allowance.

It's awful you're being treated like this and don't think they'd have a leg to stand on as anything preg related for a disciplinary is automatically unfair....

Good luck, and try not to worry. In fact don't worry as you have no need to ...

 

xxxxx

[cynic09]

Best advice. Relax, enjoy your baby when the time comes, plenty of time to deal with ignorant employers later. The ET take a very dim view of bullying mothers to be, especially before they bother to do the risk assessment required by law. If dismiss you anytime soon your biggest problem is going to be keeping baby drool off the cheque;)

[labrat]

an no they are not allowed to bring anyone in to do the job of someone made redundant for 2 months

 

constructive dismissal....