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#671724 - 1st Mar 2012 9:56am Advice Needed - Employment Issue
gemgem87 Offline

Enthusiast

Registered: 10th Jan 2009
Posts: 165
Loc: 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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#671730 - 1st Mar 2012 10:01am Re: Advice Needed - Employment Issue [Re: gemgem87]
MattLFC Offline
Wiki Master

Registered: 14th Aug 2004
Posts: 22315
Loc: Moreton/Beirut/Mobile
Go and see the CAB. They have employment specialists available. That's my advice.

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#671733 - 1st Mar 2012 10:08am Re: Advice Needed - Employment Issue [Re: MattLFC]
gemgem87 Offline

Enthusiast

Registered: 10th Jan 2009
Posts: 165
Loc: 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

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#671735 - 1st Mar 2012 10:10am Re: Advice Needed - Employment Issue [Re: gemgem87]
MattLFC Offline
Wiki Master

Registered: 14th Aug 2004
Posts: 22315
Loc: Moreton/Beirut/Mobile
Which branch did you go to may I ask?

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#671737 - 1st Mar 2012 10:11am Re: Advice Needed - Employment Issue [Re: gemgem87]
Sanchez Offline

Wiki Veteran

Registered: 17th Dec 2003
Posts: 8019
Loc: 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!

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#671738 - 1st Mar 2012 10:11am Re: Advice Needed - Employment Issue [Re: MattLFC]
gemgem87 Offline

Enthusiast

Registered: 10th Jan 2009
Posts: 165
Loc: Wallasey
Birkenhead, Argyle Street

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#671740 - 1st Mar 2012 10:13am Re: Advice Needed - Employment Issue [Re: Sanchez]
gemgem87 Offline

Enthusiast

Registered: 10th Jan 2009
Posts: 165
Loc: 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

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#671742 - 1st Mar 2012 10:14am Re: Advice Needed - Employment Issue [Re: gemgem87]
MattLFC Offline
Wiki Master

Registered: 14th Aug 2004
Posts: 22315
Loc: 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.

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#671745 - 1st Mar 2012 10:17am Re: Advice Needed - Employment Issue [Re: gemgem87]
Sanchez Offline

Wiki Veteran

Registered: 17th Dec 2003
Posts: 8019
Loc: 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!

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#671746 - 1st Mar 2012 10:19am Re: Advice Needed - Employment Issue [Re: MattLFC]
Ronny Offline


Registered: 27th Jan 2009
Posts: 1
Loc: Wirral
Phone ACAS ACAS Call the Helpline on 08457 47 47 47.
Monday-Friday, 8am-8pm and Saturday, 9am-1pm

THEY OFFER FREE ADVICE!

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#671747 - 1st Mar 2012 10:19am Re: Advice Needed - Employment Issue [Re: Sanchez]
jaki1 Offline
Wise One

Registered: 17th Nov 2011
Posts: 804
Loc: 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.

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#671748 - 1st Mar 2012 10:20am Re: Advice Needed - Employment Issue [Re: gemgem87]
MattLFC Offline
Wiki Master

Registered: 14th Aug 2004
Posts: 22315
Loc: 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.

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#671749 - 1st Mar 2012 10:20am Re: Advice Needed - Employment Issue [Re: MattLFC]
gemgem87 Offline

Enthusiast

Registered: 10th Jan 2009
Posts: 165
Loc: Wallasey
Ok, thanks for that Matt, I'll try them instead

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#671750 - 1st Mar 2012 10:23am Re: Advice Needed - Employment Issue [Re: gemgem87]
julie253 Offline
Enthusiast

Registered: 21st Feb 2010
Posts: 184
Loc: 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.

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#671751 - 1st Mar 2012 10:25am Re: Advice Needed - Employment Issue [Re: gemgem87]
Nigel Online   content

Wise One

Registered: 26th Mar 2010
Posts: 850
Loc: 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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