Unfair Treatment J

[couchi bear]

Got sent home from work as i would not do a job there that i was not trained for, they had bullied me for two weeks to do this job and in the end a acting manager sent me home saying (no pay for me this week) Have sent a letter of grievence to head office heard nothing for nearly two weeks and still no work. Dont know what to do?

[SarEl]

Far too little information to say anything at all meaningful. Start off with how long you have worked there and then all the rest of the details!

[couchi bear]

Worked for the company for 4yrs as Headhousekeeper, company was bought out by another company in August this year, job remained the same apart from doing reception dutys, we were supposed to be trained on the computer system and phones but had no training to do this, because i said i could not do the computer side they sent me home, saying no shifts for me and i would not get paid, i have written two letters on the 16/10/10 grievence letters but have had no contact since she sent me home on the 14/10/10

[SarEl]

One more question - are you on a zero hours contract? This means that you are not guaranteed any work, and work shifts as and when you are told.

[couchi bear]

One more question - are you on a zero hours contract? This means that you are not guaranteed any work, and work shifts as and when you are told.

 

MY new contract says 15 to 20 hrs a week thanks

[SarEl]

I have a horible feeling that I am not going to like the answer to the next question - how many hours did your old contract say? And whenin August did your contract change? The exact date of the new contract please?

 

But that has nothing to do with your original question, and this is very simple. You cannot be suspended withour pay. It is unlawful. They cannot refuse you shifts - that is also unlawful. And if they chooe not to have you at work then they must pay you. That much is simple.

 

Now lets deal with the more complicated part (and depending on the answers to my questions above - this might be the second most complicated part!). In your first post you say that you were sent home because yu "would do do" (as in refused) the jpb you were asked to do - did you refuse or did you say that you couldn't do the work because you could not use the equipment? If you refused, then technically your employer could discipline you for this - and they can suspend you, but not without pay. This is not good, obviously. When you wrote to the employer, exactly what did you say - did you say that you had refused to do this job?

 

And it gets more complicated - the law says that you can refuse a request from an employer, but only if the request is ureasonable or unlawful. It obviously wasn't the latter - but may have been the former. Can you explain why you couldn't use the equipment - albeit you haven't been trained on it, most people can use a computer. So what made it impossible for you to "muddle along"?

 

And now, even more complicated (sorry - I am trying to work out some issues in law here!) - you say that the duties changed from being Head Housekeeper to being required to do reception work. This is an awfully big change in duties - did you get consulted about this and did you agree to it? It would help also if I knew what your employer does - Head Housekeeper can cover a multitude of sins from hotel work to Stately Home!

 

If you are worried about giving away too many details on line you may PM me the details. Just bear in mind that I am a lawyer and so I can't always get back to you immediately - I will always reply, but it may take some hours!

[couchi bear]

Hello, old contract was for 20hrs, i signed a new contract with new company on the 03/09/10, they took over from the 10/08/10, i did try to muddle along,but i could not check people in or out of the hotel, also could not end my shift on the system,so i could not log out of there system. They have said they have not suspended me, they have not contacted me (i asked them) when they took over my first meeting with them they said it would be nice if i could do both housekeeping and reception with the right training, the training never came, and all of the staff i once employed have now given there notice in, training was never given i asked so many times to be trained but they just thought i could do it, i have also asked for head office and HRs telephone numbers no-one will give them to me. what is pm?

[SarEl]

Hello, old contract was for 20hrs, i signed a new contract with new company on the 03/09/10, they took over from the 10/08/10, i did try to muddle along,but i could not check people in or out of the hotel, also could not end my shift on the system,so i could not log out of there system. They have said they have not suspended me, they have not contacted me (i asked them) when they took over my first meeting with them they said it would be nice if i could do both housekeeping and reception with the right training, the training never came, and all of the staff i once employed have now given there notice in, training was never given i asked so many times to be trained but they just thought i could do it, i have also asked for head office and HRs telephone numbers no-one will give them to me. what is pm?

 

You need to see a solicitor tomorrow. If not sooner. The new employer could not change your contractual hours - you should have been protected by TUPE, but you are within days of loosing a right to claim. Explain everything that you have told me here - this sounds very like it is an unfair dismissal arising from a TUPE transfer.

[couchi bear]

Thank you so much, i will contact my solicitor tomorrow morning, and i will let you know what happens,i was supposed to be covered by tupe, it all went through with tupe, i will let you know as soon as i know, thanks.