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Consultation


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2 weeks ago i received a letter from my employers advising me that we were in consultaion regarding working hours and patterns etc.

A group meeting of all employees was scheduled 10 days ahead of receipt of the letter. I work weekends only and the meeting was scheduled for a week day which I, along with several other weekend workers were unable to make. We all requested a meeting for the weekend staff to be scheduled at a weekend. Despite all of our requests I received a letter today to advise that they were unable to facilitate a weekend meeting as the Manager and HR rep were unavailable! It also said we could arrange a one to one at a 'mutually agreeable weekeday'. Obviously this is very difficult as I have another job. It goes on to say that if this is not possible to pass any concerns I have regarding the consultation onto the HR rep.

 

Are they able to continue legally with this consultation without facilitating any meetings to meet my working arrangements.

 

What makes this laughable is at a time when they want to change my contract to be available to work at all times the management cant even manage a couple of weekend meetings!

 

Help please.:mad2:

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Yes the employer can legally continue. They are obliged to consult - not to hold meetings, and not to hold meetings at a time convenient to you. You have been told how you can contribute your opinion or ask questions - in writing.

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I am a barrister specialising in employment law, and only represent employees. My advice on employment issues is advice - not legal opinion - and is based only on the facts you provide. If you want an accurate assessment of your case and prospects, you should get legal opinion from a lawyer - not a public forum. Anything I tell you is for guidance only, and is based on my experience of the law in the context of what details you provide.

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We have all been in comunication with each other and this is the last in a long list of things working against those on weekend only contracts. We are not trying to be difficult but all have other commitments. Before the consultation, in last 2 years, they have tried several other ways which I can only describe as being designed to get us all to leave.

 

The original letter sent by management suggests it wants to 'engage all employees', and the second letter suggests a 'mutually convenient' weekday date. It appears only to be paying lip service to whats expected of them and not actually meaning any of it.

 

My union rep thinks there should have been a detailed agenda for the consultation and individual meetings given at the group meeting that i am yet to receive if there were one. The letter we have received is very sketchy so its difficult to decide our concerns regarding changes when it's not abundantly clear what the changes are.

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Your union rep appears to be confused - they are describing consultations for redundancy purposes and not for variation of contract. To vary a contract the employer is only required to notify employees of what they want to change and invite comments or views. There is no legal stipulation as to how they should do this.

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I am a barrister specialising in employment law, and only represent employees. My advice on employment issues is advice - not legal opinion - and is based only on the facts you provide. If you want an accurate assessment of your case and prospects, you should get legal opinion from a lawyer - not a public forum. Anything I tell you is for guidance only, and is based on my experience of the law in the context of what details you provide.

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