Could anyone help - i really need it.

[faganagent]

Hi i have a rather large problem (for me anyway) and wondered if anyone might have any ideas.

 

Been working in my job with local council for 10 years doing 14 hours per week. I also have another seperate job which is 13 hours per week. We have recently had a restructure and i learned i was to be slotted into another post or i could apply for voluntary redundancy

 

My problem is the new post is at 20 hrs per week, different job title and rather than working 2 full days per week the hours will be spread over 5 days a week and just to top it off i am being downgraded by 2 grades = about 1.40 less per hour. I applied for voluntary redundancy and learned yesterday that it was not accepted and that i will be just slotted into this particular post. It now means that i cannot work my second job and i cannot survive monetarily solely on just one job (either of them) so am going to have to give up both jobs and find a full time job which in these climates i know is going to be difficult.

 

My question is can they just do this ie up my hours by 6, downgrade my pay, completely different structure in working hours, change my job title and description and also i will be expected to travel to various locations rather than just the one i am working at at the moment. I have to say i was hoping to get the redundancy as it would have given me a start money wise until i found another job and i also could have continued with second job - now im completely and utterly stuck.

 

Would really appreciate any help anyone could give me on this. Quite a lot of us have been affected by this and to me it seems crazy that they can do this but because its a council we are expected to go along with it.

[flyingdoc]

The answer is NO they cannot radically alter your terms and conditions without you agreeing to it.

 

Are you in a union?

 

if so i think its time to get them involved.

[faganagent]

Hi im not in the union but other people who work with me are - the union have not agreed to the conditions the council are implementing but the council are going ahead anyway. The problem is people are not speaking up because they think that because they are a council they couldnt possibly be acting in the wrong way! The unions do not seem to be helping in the slightest and they are still trying to negotiate but this is going to be implemented on April 1st regardless

[flyingdoc]

Do you have a contract?

[faganagent]

One other thing i forgot to add - i still have not had in writing that these will be my new hours, pay, conditions etc even though they are starting April 1st - verbally yes written no.

[faganagent]

Yes i have a contract

[faganagent]

just dug my contract out - it states that i work 14 hours a week and what grade im on - it does state tho than i can be deployed to other libraries as and when needed and it doesnt state particular hours that i work. I questioned yesterday fiercly about breach of contract but he basically told me that my new post was considered to be a "similar job" and i should really be grateful to have one. All weekend workers who work 12 - 14 hours per week had their redundancy accepeted as it was considered too much too ask them to come in during the week as they might have other committments!

[rastinan]

I'm definitely no expert in this field, but two key things that you mentioned in your last post was that the contract that you currently have does state your current grade and the amount of hours you work a week. In my opinion, that really is something that they shouldnt be able to change unless you've agreed to it.

[BeauBrummie]

I'm definitely no expert in this field, but two key things that you mentioned in your last post was that the contract that you currently have does state your current grade and the amount of hours you work a week. In my opinion, that really is something that they shouldnt be able to change unless you've agreed to it.

 

Pretty well agree with this post and would say that if implemented this would consitute a material change to your working conditions.

 

However, if there has been adequate consultation between staff and employers then changes can be made for "Business" reasons.

 

Do you know if there were any discussions with senior staff regarding the change in hours etc ?

 

If the council are going to try to "railroad" these changes through then you will have reasonable grounds to raise a grievance and follow the procedures per your employers grievance policy.

 

Beau

[faganagent]

Hi there has been a consultation for the last few months but between whom i dont really know. We underlings certainly havent been consulted. Also as i mentioned before the unions did not like what the council were doing and pulled out of the consultations. Thing is its all above my head i just work there. We were only told exactly what was happening on Wednesday although rumours have been flying for a couple of months. Changes will be started April 1st although still nothing in writing

[faganagent]

Just dont know where to go from here and have no time - i have to give a month notice to either employer or im in breach of contract so need to do that today more or less as i cannot continue to work both jobs with these new hours. I was also told the minute i set foot into work on the 1st April it would mean that i would be accepting the new terms and conditions and contract.

[BeauBrummie]

Just dont know where to go from here and have no time - i have to give a month notice to either employer or im in breach of contract so need to do that today more or less as i cannot continue to work both jobs with these new hours. I was also told the minute i set foot into work on the 1st April it would mean that i would be accepting the new terms and conditions and contract.

 

Whoever is telling you this nonsense is mis-informed, by going into work on the 1st April does NOT mean you are accepting the new terms. You have rights as an employee and you should not be treated in this way.

 

I would suggest that as you have not had any solid information from your employer in writing that there are going to be changes -- wait.

 

Options will become clearer-- the employers have to give you notice of the change in T&C's if they do not they are in breach of the WTR (Working Time Regulations). Now it may be that as you say you are not in a position to know exactly what is going on and therefore the heresay has manifested itself into something that it is not.

 

Remember you have done nothing wrong, if all else fails you can go into work on the 1st of April and work your hours as normal. This sounds to me like the employer does not want to pay your redundancy pay and are trying to ease you out of the door.

 

You have 3 months after leaving a job to enter a grievnace and possible constructive or wrongfull dismissal, and aslo the most compelling evidence of why employment tribunals fall in favour of the employee is because the employer did not follow the correct procedures.

 

Beau