Employment/Work and asscioated benefits woes

[physicsgraduate]

CAB SchmAB. Jobs is no jobs.

[Perseus1]

I have sort of moved on. Not because I wanted to but because of a "simple twist of fate".

 

Some personality types (probably including physics graduates) might benefit from:

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?408588-Tips-for-Getting-Jobs&p=4390097&viewfull=1#post4390097

 

There is saying you can "take a Horse to water but you can't make him drink it". This does not apply to you. More like "It is a bit too crowded with Bulls and Dogs at the watering hole for the Hawk or Eagle type, and I might get trampled on".

[physicsgraduate]

I'm glad to provide useful information in your research.

[Perseus1]

I was at the Job Fayre today. Queue for Careers Advice but not much else going on.

 

Skills Training UK do a two week course for people wanting to go into self-employment. If you have not done the Business Studies course this is probably essential, which is more than worthwhile.

[Hacked_Off]

So, I've been on this job for three years working evenings, which my contract states. The site is moving to a new building which has been in the pipeline for a while. I've repeatedly asked for information but literally been ignored by the company i work for.

 

So I've just now had a phone call. The site is moving ON TUESDAY and they want me to switch to mornings. I can't do this. I have other commitments as they were aware.

 

We're do I stand here? I've said they'll have to make me redundant to which he's refused saying I've "turned down the shift change". Surely essentially changing my contractual terms with four days notice isn't legit?

[becky2585]

Depends what your contract says about shift work. Does it expressly state you are only required to work nights? If so, does the company reserve the right to change your shift pattern?

 

Are you an employee or agency worker?

[Hacked_Off]

Depends what your contract says about shift work. Does it expressly state you are only required to work nights? If so, does the company reserve the right to change your shift pattern?

 

Are you an employee or agency worker?

 

Thanks for the reply. I am employed, for just over three years. Contract specifically says 'evenings' and has no flexibility clause (silly!)

[becky2585]

That being the case, they may well be in (fundamental) breach of contract by imposing the shift change. The other point to consider is whether there is a mobility clause (ie do they have the legal right to require you to move premises?). If not, that would be a breach of two fundamental contract terms which could give you a constructive dismissal claim (or unfair dismissal if you are sacked for refusing to vary your contract).

[SabreSheep]

The important thing to know right now is that if you decide to work those shifts it will be deemed that you have accepted the change in T+Cs

 

You must write a letter of grievance objecting to the imposition of T+Cs

 

Others here should be able to help you write a letter. I would hand one in on Monday and Copy in the post recorded delivery.

[Hacked_Off]

I've already told them I will not be working these shifts. I have uni to go to and the shift clashes, they were well aware of this. As far as I know monday is my last shift. They said they'd " keep you informed" but I've not heard a peep.

[Hacked_Off]

The only thing I can see that relates to flexibility is "your place of work will be mobile at any client premises where the company has contracts"

 

And

 

Your normal hours of work may be varied in addition to those above.."

[ericsbrother]

you must formalise your grievance so your statement saying you have told them doesnt cut the mustard. Get a letter to them headed "grievance" and say it is part of the grievance procedure.

[becky2585]

So they have the right to right to vary your hours, but possibly not your permanent base? Are you based permanently at the new building, or do you have a mobile job?

[Hacked_Off]

So they have the right to right to vary your hours, but possibly not your permanent base? Are you based permanently at the new building, or do you have a mobile job?

 

I have never been mobile. Always been on the same site with the same hours. I'm the keyholder for the site! Yes, the new one would be permanent.

[Hacked_Off]

Thier advertising my job! The advert is dated two days before they told me.

[ericsbrother]

then that is another reason to claim against them if you do go.

The wording about varying hours is IN ADDITION and not as an alternative. this means they may well get you to sign your rights away under the WHD if they can persuade you to work every hour god sends but change the core contractual hours

[becky2585]

then that is another reason to claim against them if you do go.

The wording about varying hours is IN ADDITION and not as an alternative. this means they may well get you to sign your rights away under the WHD if they can persuade you to work every hour god sends but change the core contractual hours

 

I think that's just semantics - I read it as having the right to vary core hours. "In addition" to me implies an extra contractual right, rather than a right to add additional hours if you see what I mean...

[Hacked_Off]

Well that the point isn't it. It's vague and unclear.

[ericsbrother]

the law will take the view that the words mean their commonest meaning unless there is evidence they are meant to mean something else. It would be difficult to argue that it means any change is allowable unless that is somehow qualified elsewhere, either in the contract or by other methods such as verbal agreement (note- agreement) or by previous practice and as you have always worked nights this is unlikely to be the case..

[Hacked_Off]

Exactly. I'm here now and there moving tomorrow. Not heard a peep from my mananger. Not one word.

[Hacked_Off]

https://jobsearch.direct.gov.uk/GetJob.aspx?JobID=22722404

[Hacked_Off]

So now there saying hey have an agreement with "their client" that they can "change the employees terms at any time for any reason". On what planet am I boind by a term in someone else's contract? o_O

Edited December 2, 2015 by Hacked_Off
Names on photos!

[ericsbrother]

well, no court will agree to that, even third party agreements would be limited to the service provided not someones overall terms. In short, the client could tell your company that they dont want x to work at a particular site and not have to give a proper reason to do so but that does not mean that x is sacked.

[Hacked_Off]

Lol she's now saying IM in "breech of contract" for refusing to come to a meeting with two of them after two hours notice. Didn't even give me time to arrange a witness. She's also "speaking to are legal team"!

[Emmzzi]

"lol"?