Entitled to grievance/constructive dismissal

[goldenriotstar]

Hi guys,

 

Bit of a long one so i'll apologise first!! I have worked with the same large company for a total of 2 years, the last year I have worked as assistant manager within the company. During these 2 years I have worked on average 45 hours per week, apart from a period of 5 weeks when i was working on average 70 hours per week. I now have two new general managers who have dropped my hours to 12 hours and subsequently the last 2 weeks I have received no hours at all. Upon enquiring as to why this was my manager replied that he thought I had a new job because that was what he was told by another member of staff and as I hadn't turned up to do my 12 hours two weeks before he thought this was true (although i did contact the other assistant manager at this time to say i wouldn't be in due to being ill.) My contract does state that i am contracted to work up to 48 hours per week as and when the business requires me, so I don't have fixed hours on my contract so I am unsure as to whether I can raise a grievance against them for this as i feel that I now have no other option but to look for another job as I am receiving no income. Could someone please advise before I go in all guns blazing!

Also, 2 weeks prior to me receiving just 12 hours at work my manager sat me down and said that he was unsure of 'my commitment to my job' as he had recently found out I was at university part time and as I had forgotten to a pass a minor message on to him, would prefer it if he took my responsibilities off me and made me bar supervisor instead, even though none of this had been mentioned to me previously. He said that this 'was not a demotion' which was obviously utter rubbish, however my pay did remain the same. I accepted my demotion as I felt I had no choice and worked for 2 weeks in my 'new' role. In order for me to be bar supervisor, a supervisor card is required and upon the start of my shift 1 week later i found that my supervisor privilages had been removed from my card, so I had obviously passed supervisor and had been demoted to bar staff without being informed! I did not raise this as I have a bit of a temper and the week later I had 12 hours so I presumed I was being forced out (being an assistant manager its not uncommon that I know how it works) so did not know how to go about anything.

Demoted to bar staff without reason and hours cut to zero in 3 weeks!! Could someone please advise me on whether I have a case for anything and, if so, how I go about it.

 

Thanks very much.

[elpulpo]

First thing you need to do is put in a formal grievance, in accordance with the company's D&G procedures. Who's above the 2 GMs? Send your letter to that person.

It sounds to me like they're trying to get rid of you in a classic, cowardly manner.

Is this a large company you work for? HR dept?

 

I'd be looking around for other work whilst you try and sort this out, as there's a chance it won't be resolved and you might well end up having to take action against them.

 

Two very important things-

DON'T GET ANGRY! (I know how hard that can be)

and

DON'T QUIT!

 

If you do either you're playing right into their hands.

[goldenriotstar]

Thanks... There's an area manager above the 2 GM's and yes it is a large company with a HR dept. I'm guessing I should send the formal grievance into the HR dept? Do I send it into the GM's aswell?

 

Thanks, again!

[elpulpo]

You're complaining about the GM's, so I'd send it to the Area Manager.

 

It's encouraging that it's a large business you work for (Well, it's dismaying that they should allow these guys to behave like this, they obviously haven't received HR training; or if they have, they're not acting on it), you should hopefully get this sorted out.

 

Is it a bar/hotel chain you work for?

[goldenriotstar]

Its a high street bar chain, so I'm presuming that they won't want any negative publicity!!

[elpulpo]

What do you call that bit immediately after the news, where typically an attractive looking woman (or John Kettley), stands in front of a map of Britain, and tells you if it's going to rain tomorrow? .............?

And those things ya use to eat (drink?) soup? They're not knives, not forks. They're ............?

 

Am I anywhere close?

[teaboy2]

definitely constructive dismissal in process here. i would include in your letter of grivance that if you are not reinstated to your original role under the GM'S with full reinstatment of hours then you will make a claim for constructive dismissal on the grounds that you are being forced out as a result of being demoted where no grounds for demotion exists and the reduction of hours to 0 hours out of your contracted 48 hours a week leaving you with no income for the number of weeks in which you received 0 hours of work out of your contracted 48 hours work.

 

I will also add on a personally note that your GM's level of incopetence is amazing. They should never act based on rumours, they should have asked you for confirmation before taking any actions towards you. But then if they want rid of you asking you would be the last thing theyd do. Oh and want you do in your own time is of no business to them or any other employer so your part time studies is irrelevant or do they thing hobbies such as part time stamp collecting will have a negative imapct on your work too???

Edited December 17, 2009 by teaboy2