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Advice Needed - Employment Issue #671724
1st Mar 2012 9:56am
1st Mar 2012 9:56am
Joined: Jan 2009
Posts: 165
Wallasey
gemgem87 Offline OP

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gemgem87  Offline OP

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Joined: Jan 2009
Posts: 165
Wallasey
Hiya all, just wondering if anyone who is up on employment law can have a look at my current situation and let me know if what my employer is trying to do is legal.
Basically, I worked full time (six days a week) for just under two years, before I went down to four days a week in August last year. This was agreed with them, and they were fully aware about three months prior that I would be reducing my hours and at the time I told them if this would be an issue then I could look for work elsewhere. They told me that this was fine, and as long as I did a minimum of three days they would be happy.
All was fine up until just before Christmas, when they started to offer me wage increases/bonuses to go back to six days a week. I politely declined the offer, and since then it seems like their attitude towards me has done a complete 180.
My boss told me in January that he was going to hand me my month's notice, but changed his mind in the hope that "I'll change mine at some point and go back to full time". When I asked what reason they would give to dismiss me, he said that they rely on me to be there six days a week, and it's inconvienient to them for me not to be (which is nonsense, there are seven us in my department, all equally able to do the same job I do).
More recently I took two days off ill with a stomach bug, and having seen the doctor I could only get a self cert sick note as I wasn't off for more than five working days. My work have now told me that this is unacceptable, and have advised that if I won't provide a full doctor's note this is grounds to fire me. I was off ill also with a chest infection in December for a week, but this was covered by a doctor's note and prior to that I hadn't had any absences in a long while, so they couldn't really argue my attendance is an issue.
I don't believe they can do this, and to be honest I think they're just looking for a way to get rid. I'm just wondering though whether they would have a leg to stand on, whether this would class as unfair dismissal but also is this classed as discrimination as I work less hours than others in my department? As others in my department have recently had time off ill and I know for a fact that they have not been asked to produce a full doctor's note as I have.
Any advice would be greatly appreciated, so thanks in advance!

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Re: Advice Needed - Employment Issue [Re: gemgem87] #671730
1st Mar 2012 10:01am
1st Mar 2012 10:01am
Joined: Aug 2004
Posts: 22,315
Moreton/Beirut/Mobile
MattLFC Offline
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MattLFC  Offline
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Joined: Aug 2004
Posts: 22,315
Moreton/Beirut/Mobile
Go and see the CAB. They have employment specialists available. That's my advice.

Re: Advice Needed - Employment Issue [Re: MattLFC] #671733
1st Mar 2012 10:08am
1st Mar 2012 10:08am
Joined: Jan 2009
Posts: 165
Wallasey
gemgem87 Offline OP

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gemgem87  Offline OP

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Wallasey
Have tried Matt, but getting an appointment with them is like finding rocking horse shit at the mo and am continually told to come back in a day or so to see if anyone is free even, if I turn up bang on opening time. And if you call them you're only told to go down there mad

Re: Advice Needed - Employment Issue [Re: gemgem87] #671735
1st Mar 2012 10:10am
1st Mar 2012 10:10am
Joined: Aug 2004
Posts: 22,315
Moreton/Beirut/Mobile
MattLFC Offline
Wiki Master
MattLFC  Offline
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Joined: Aug 2004
Posts: 22,315
Moreton/Beirut/Mobile
Which branch did you go to may I ask?

Re: Advice Needed - Employment Issue [Re: gemgem87] #671737
1st Mar 2012 10:11am
1st Mar 2012 10:11am
Joined: Dec 2003
Posts: 8,019
my house
Sanchez Offline

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Sanchez  Offline

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Posts: 8,019
my house
Is there no way you can go back to 6days?


Uncertainty or not knowing causes depression, Im happy because I know I'm going to die one day!
Re: Advice Needed - Employment Issue [Re: MattLFC] #671738
1st Mar 2012 10:11am
1st Mar 2012 10:11am
Joined: Jan 2009
Posts: 165
Wallasey
gemgem87 Offline OP

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gemgem87  Offline OP

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Posts: 165
Wallasey
Birkenhead, Argyle Street

Re: Advice Needed - Employment Issue [Re: Sanchez] #671740
1st Mar 2012 10:13am
1st Mar 2012 10:13am
Joined: Jan 2009
Posts: 165
Wallasey
gemgem87 Offline OP

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gemgem87  Offline OP

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Posts: 165
Wallasey
No Sanchez, not until May at the very earliest. If I could I would just do that as the atmosphere in there is quite frankly unbearable at times

Re: Advice Needed - Employment Issue [Re: gemgem87] #671742
1st Mar 2012 10:14am
1st Mar 2012 10:14am
Joined: Aug 2004
Posts: 22,315
Moreton/Beirut/Mobile
MattLFC Offline
Wiki Master
MattLFC  Offline
Wiki Master
Joined: Aug 2004
Posts: 22,315
Moreton/Beirut/Mobile
Try Wallasey, Birkenhead are always overrun with appointments, they've usually got the doors shut within 30 minutes of opening due to too many clients waiting, and they are usually short of advisers. The Wallasey branch is more active and has more advisers (it's the HQ) as well as more appointment slots. You usually end up getting referred there anyway.

Their employment specialists can't see you without an initial assessment by a general adviser first iirc.

Re: Advice Needed - Employment Issue [Re: gemgem87] #671745
1st Mar 2012 10:17am
1st Mar 2012 10:17am
Joined: Dec 2003
Posts: 8,019
my house
Sanchez Offline

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Sanchez  Offline

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Joined: Dec 2003
Posts: 8,019
my house
Just keep your whits about you and be alert, sounds like you could be right.


Uncertainty or not knowing causes depression, Im happy because I know I'm going to die one day!
Re: Advice Needed - Employment Issue [Re: MattLFC] #671746
1st Mar 2012 10:19am
1st Mar 2012 10:19am
Joined: Jan 2009
Posts: 1
Wirral
R
Ronny Offline
Ronny  Offline
R
Joined: Jan 2009
Posts: 1
Wirral
Phone ACAS ACAS Call the Helpline on 08457 47 47 47.
Monday-Friday, 8am-8pm and Saturday, 9am-1pm

THEY OFFER FREE ADVICE!


Re: Advice Needed - Employment Issue [Re: Sanchez] #671747
1st Mar 2012 10:19am
1st Mar 2012 10:19am
Joined: Nov 2011
Posts: 804
sunny place
J
jaki1 Offline
Wise One
jaki1  Offline
Wise One
J
Joined: Nov 2011
Posts: 804
sunny place
this is classed as constructive dismissal. they are trying to force you out if you dont abide by their rules. I had this problem 6 years ago. Go to the CAB on argyle street in birkenhead.they have specialised people there for this sort of thing. I won my case and got 2000.Happy days.


goodluck and let us know how you get on.

Re: Advice Needed - Employment Issue [Re: gemgem87] #671748
1st Mar 2012 10:20am
1st Mar 2012 10:20am
Joined: Aug 2004
Posts: 22,315
Moreton/Beirut/Mobile
MattLFC Offline
Wiki Master
MattLFC  Offline
Wiki Master
Joined: Aug 2004
Posts: 22,315
Moreton/Beirut/Mobile
Also, post your query on MSE in the Employment Forum - don't listen to everything that is spouted on there of course, but there are some very knowledgeable chaps, including CAB workers and solicitors, who may be able to help you.

Btw, do you have an "upgraded" current account at all? It may have a legal assistance service, also, check if your home insurance and/or motor insurance has a legal assistance service. My Barclays account has it (and my insurer offered the same thing but it was extra cost) and I tried it last year, at 3am, and a solicitor/paralegal rang me back within the hour to discuss the matter with me.

Re: Advice Needed - Employment Issue [Re: MattLFC] #671749
1st Mar 2012 10:20am
1st Mar 2012 10:20am
Joined: Jan 2009
Posts: 165
Wallasey
gemgem87 Offline OP

Enthusiast
gemgem87  Offline OP

Enthusiast
Joined: Jan 2009
Posts: 165
Wallasey
Ok, thanks for that Matt, I'll try them instead

Re: Advice Needed - Employment Issue [Re: gemgem87] #671750
1st Mar 2012 10:23am
1st Mar 2012 10:23am
Joined: Feb 2010
Posts: 184
wallasey
J
julie253 Offline
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julie253  Offline
Enthusiast
J
Joined: Feb 2010
Posts: 184
wallasey
When you reduced your hours did your Contract of Employment change to reflect this? or do you have anything in writing that you changed your hours and they were happy with it? there should be something on your employment record.
ACAS are very helpful andn the number is on the post before mine. If you feel you are being victimised maybe you should start to keep a record of incidents. Good luck.

Re: Advice Needed - Employment Issue [Re: gemgem87] #671751
1st Mar 2012 10:25am
1st Mar 2012 10:25am
Joined: Mar 2010
Posts: 851
Wirral
Nigel Offline

Wise One
Nigel  Offline

Wise One
Joined: Mar 2010
Posts: 851
Wirral
A good place to look for advice on all sorts of issues including employment is www.direct.gov.uk I use it all the time.


O give thanks unto the LORD; for he is good; for his mercy endureth for ever ...
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