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gleno

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About gleno

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  1. I agree but my worry is that in this day and age some employers are still running businesss like a modern day slavery. The law exists but as if they don’t really care
  2. I agree and I took advice from external solicitor just to be certain that I am in the right. Due to all this stress my mind has gone blank to a level that I am even struggling to concentrate on basic things.
  3. The union advised that I send in all the evidence for them to access. They will do vetting to ascertain if I have any real prospects for case and if yes they will send me to partners solicitor firm
  4. I really appreciate this advice and I am looking into available help recently. The issue is that the cost of such service such as childcare and carers outweighs middle class income. I am therefore looking into Citizen Advice and social services. I have seen a solicitor yesterday with all paperwork and they have advised that I have a very strong case of resigning and claiming constructive dismissal or if I get sacked then for unfair dismissal. The issue around AWOL and previous issues shows that employers are retaliating as I am questioning them by writing to them. However, the solicitor needed barrister advice to ascertain chances of winning and that would be at a heavy cost. I am so stressed with all this that I am struggling to cope with day to day life tasks.
  5. I edited the later half of the message which was posted as another reply. Sorry for the inconvenience. Most importantly do you not think by me raising objections a status quo would apply to employers decision? And given I have told employers that I am awaiting response and doing shifts under my old terms and also informed them that I won’t be in days they are proposing where do I stand with AWOL Hearing
  6. Hi Sangie I checked again and My union representative have asked me to seek legal advice. Once again I sought assistance from union’s legal department and they advised to send me paperwork so they can begin initial vetting for potential claim of unfair dismissal. For their advice I should tell my employer that I will be working under protest. But biggest question is how? Given my circumstances Also even if we play devils advocate and say employer can anull my flexible working then when I raised objections against their decision should status quo not apply? My issue is that I have received no response from management and they are pursuing investigation path for me not attending work under new terms based on their decision and ignoring to Answer to my objections. I have even turned up to work on shifts under my flexible working only to be sent home and I have also informed management that I won’t be in on days they are expecting me to as I have written my objections to their decision twice but not heard anything back. Where do I stand in an AWOL investigation given these circumstances?
  7. Hi Sangie I checked again and My union representative have asked me to seek legal advice. Once again I sought assistance from union’s legal department and they advised to send me paperwork so they can begin initial vetting for potential claim of unfair dismissal. For their advice I should tell my employer that I will be working under protest. But biggest question is how? Given my circumstances Also even if we play devils advocate and say employer can anull my flexible working then when I raised objections to them
  8. I have raised formal concern, both during the meeting and in a formal letter of concern that I have carer responsiblity and childcare responsibilty and warned the employer about the the impact of these changes to welfare of myself and my family. I have formally informed them that I need to carry on flexible working due to this very reason
  9. Union is looking into this matter and according to them the employer is at wrong and they can assist for unfair dismissal once I get sacked, NOT before
  10. Thanks Emmzzi, According to ACAS link An existing contract of employment can be varied only with the agreement of both parties. Changes can be agreed by with either on an individual basis or through a collective agreement. When any change to a contract of employment occurs the employer should give written notification of the changes in writing, within one month of the change taking effect. As I said in our meeting we were not even given a chance to say our side and were given 2 weeks time for this change to implement. Bigger issue is that now company is taking me down the route of disciplinary for AWOL
  11. Hey Guys, See if you guys can assist me. I have been working Flexible Working since 2015 as I look after a disabled wife and a child. Recently during a meeting with my manager, my manager informed me that he wants to cancel my flexible working and wants to increase my working days from 3 (under flexible working) to 5 days a week. I was given 2 weeks notice and given a date when this change will be applicatble. I objected to this decision, but the manager simply announced his decision and ended the meeting and said no further discussions. I received his decision in writing with inaccuracies in statement to which I objected, as his decision contained various factual discrepancies and asked him to give me evidence to substantiate his reasons. I have however, not yet received them. I further wrote to them formally rejecting the proposed changes to the terms of my contract and informed them I would be sticking to the currect terms of my contract and would be working 3 days a week only. I then received phone call asking how I was from another manager as I had gone AWOL. I asked this manager to check my 2 letters that I sent in and have not received a reply to yet as these letters clearly address that I do not agree to new terms and I would be work 3 days only. I then had further discussion with another manager and I told him exactly the same that I am expecting a reply to my previous 2 letters. I then received a letter from another manager informing me that I have gone AWOL and if I do not turn up under new terms i.e. 5 days a week I will be marked down AWOL. Today I have received another letter calling me in an investigation for Disciplinary hearing regarding my AWOL. All of this is despite: 1) Management, unilaterally changing my terms of contract. 2) Management, not replying to my objections I raised in response to their decision. 3) Me formally rejecting their proposed changes. 4) Me informing them that I will be doing my shifts under flexible working and that I have not had response to my 2 letters. Can someone kindly guide me, 1) am I wrong here? 2) Can I be sacked in this AWOL hearing? knowing that I have already told them why am I not turning up to shifts? 3) Can flexible working be unilaterally changed? 4) Should there not be a status quo applied till my objections raised are answered? Thanks
  12. Thanks Sangie, My understanding of law is clearly different to yours (your knowledge is far better), and I found your messages very useful. To answer your question, HR has recently written confirming that his outstanding grievance is still active if he wishes to pursue it. Therefore, even though you do not agree, I still strongly believe that a manager with an outstanding grievance should not be contacting person who has laid allegations against him. He requested transfer because he was already working in that department. Only difference was that his salary was paid by another department so he thought why not just get transferred officially to the department he was already working in. He was already sick for stress too, not for Schizophrenia, there was a history of mental illness but it was not present at the time of actual incident. They were under control for few years (no medication, no treatment) but they kicked in again as a consequence of the trauma he suffered.
  13. But how fair was that manager who actually has an outstanding grievance against him trying to establish contact? I previously mentioned that the doctors etc said have contact with family is fine but directly contacting him was only worsening his condition. We even suggested contacts to be maintained via occupational health physicians. May be because I do not have any experience of the law I take your words but lets see how things turn up.
  14. Sangie are you saying that if company wants to make changes to an employee's contract then this employee is not entitled to a union representation? He had a Flexible contract in place and manager wanted to make changes to that contract. I may not know much but I would definitely say that if meeting is about making changes to work patterns or contract of work an employee is entitled to union representation
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