Is This Constructive dismissal

[jackmax]

After 7 long years with a really bad employer i had managed to keep my head down get my job done and be a good employee ( better that they deserved) As i did like my job!!!!!!

I only worked part time 28 hours a week every one else was full time 50+ hours per week!! i had worked the same hours for all these years and worked the same times 9.30-3.00 mon to fri. A new warehouse manager started early summer 2007. You know what they're like trying to make the company more effective and make an impact. (that he did !!).

 

Any way he wanted to change my hours from a 9.30am start to a 7.30 am start, I knew that it would not work out as my husband works shifs and I worked round the kids, but i trialed this for 3 months it did not work out and explained my circumstances due to family commitments it was not possible to wotk these hours. This was in october nothing else was said so i went back to my 9.30am start!! we had a really busy time as it was christmas and we all had to work extra hours. After the festive season all was quiet, when i was approached by my line manager he had told me that the new manager wanted me to change my hours permanatly to 7.30am start or work on another department an keep my 9.30 start, this was a big shock as i thought that all was okay!!!

 

To cut a really long story short i put in a greiveance as i did not want to change my hours nor take the offered postition. My greivance was at first conducted by a neutrel manager that was soon over taken by the new manager. after the result of the grievance did not go my way i appealed to the reigional director. I had a meeting with him in late January, he said "that i cannot conduct an appeal as the grievance was not taken as formal ( although i had sent the grievance in recorded delivery and in writing) he had requested another manager to hear my grievance!!)

 

To cut this story short i went through the process again and the outcome was not in my favour, by this time i was so upset and stressed when i came home from work I had reieved the outcome of the greivance. I then phoned my manager and resigned due to the treatnent i had reieved. I sent in a letter of resignation to my manager and recieved a reply from the new manager to say that my P45 was in the post!!!

 

I left the company 4th feb. I have been to a solicitior but he said that the cost of taking this company to court is so high as I only have a 50/50 chance of winning a case.

 

during the 7 years employment i had only 1 WK sick leave and nothing on my disaplinary record.

 

What shall i do i only have 1 month before they get away with treating me in this way?

[Sidewinder]

What shall i do i only have 1 month before they get away with treating me in this way?

 

In short, speak to another solicitor specialising in Employment law, and speak to ACAS on 08457 474747.

 

From what you have said you have been given poor legal advice. Not only does this sound like constructive dismissal and breach of contract, but your employer also seems to have ignored your rights under the Sex Discimination Act. Hopefully you have copies of any correspondence written and received.

 

If I read it correctly, your employer has tried to enforce a change to your contract under protest, You cited childcare arrangements as making it difficult for you to accept the proposed change and this was ignored. You even went so far as to trial the earlier start but found it impossible for the reasons stated in your grievance and this was still ignored. Why on earth would a solicitor not believe that you have a case? Why also would he be talking about the cost of taking Court action? This is a matter for an Employment Tribunal and you need to seek advice urgently - as you are aware you have only three months in which to register the claim.

 

Have a look HERE - there is some good advice which looks tailor made for your situation. You have rights under the Employment Act 2002 and the Sex Discrimination Act for protection from changes to working arrangements where this may have a detrimental affect on childcare arrangements. This is in addition to the fact that your employer has breached your contract without adequate negotiation and despite your legitimate objection.

 

I hope that you are able to get somewhere with this and you have my sympathy for the position which your employer has put you in. Good Luck.

[jackmax]

Thanks for your advice sidewinder, I am going to seek more advice now!!!

In my contract that I have is for a warehouse operative, although my work is all admin and a higher grade! On a reply I recieved from my first grievance the manager stated that in my contract " It is a condition of your employment that you are prepared to accept changes to your duties"

But I was under the empression that as I had been doing the same hours and job for the last 6 years It would be an unwriten agreement, Is this right?

I have read through the link you put on your thread and Is great advice, I just seem to have lost a bit of confidence since all this and needed to be reasurred that I am doing the right thing! As after 3 months there will be no case for them to answer!.

[bed32]

What reason do you have for rejecting the offer of a role in an alternative department with the 09:30 start? I think the outcome might depend on that.

 

If the offer of work in another department was reasonable then I think you might struggle. If the offer was not appropriate (e.g. a demotion) then it would be easier.

 

Standard questions of course - do you have a union representative or an insurance policy that covers legal costs?

[jackmax]

As I have worked for the company for 7 years, l know most members off staff and the manager, and would not want to work with or for them !!!

thanks for your opinons.

All is not good as I spoke to the Law Centre this morning for a very brief time and he says that as I have been paid up to when i left work ie: outstanding holiday and hours worked in that month then he didn't think that the company has a case to answer to!

Not sure how this all works or he really wasn't listening to the points i had raised.

 

OR MAYBE HE's RIGHT THAT HE CAN ASSESS AND DECIDE IN A 5 MINIUTE PHONE CALL.

[Barbara Ann]

Lots of firms do no win no fee work why don't you try one of these you have nothing to lose.Just google no win no fee.

[jackmax]

Thanks for the advice Barabra. I've spoke to a friend that has contacts with barristers, still not sure now what to do! Maybe it's just best to move on, after all that i had to go through I'm not too sure that I can deal with it all over again!!!!.