Employer saying if guys won;t work away they will be sacked....

[jackieandwayne]

Hi. Could do with some advice, this time its actually for me!

 

Partner been employed by same firm for 4 years. Building work, so slow at the moment. The work has always been relatively local, no need for overnight stays, and if work was away it was voluntary.

 

Because the local work is drying up the lads have now been told that they are all being assigned to jobs where they will be away from home all week. And if they don't wish to work away then they will be given a week's notice as there is no local work for them. (There is some but that will be reserved for the "elite") Also the boss is bringing them all new contracts next week and they must sign them or be dismissed. No consultation, just told, so I told hubby to be beligerent and say he is fine with the contract he has thank you.

 

My partner has been assigned to go to London. He doesn't wish to go, has no intention of going, and if the boss attempts to force him, he's prepared to leave. This is because I have rights under the DDA and he is my carer. This is official - before the cuts he received WTC to reflect this.

 

Now then, what to do? He doesn't care a fig about this job anymore, and having to work away would be the last straw. He is a qualified plumber albeit a little out of practice so he can go and do a few tap washers and blockages for the summer whilst looking for something else. Any ideas or pointers chaps?

[papasmurf1cx]

Be careful about asserting your "rights" under the DDA. First the DDA does not exist, it was replaced by the Equality Act 2010. If you are talking about Associated Discrimination and the case of Coleman v Attridge Law & others, again I would be very careful because it is not a 'carers' charter of protection under Equality laws as it was hoped it would be. Before spouting off to the employer perhaps a legal view should be taken.

[jackieandwayne]

What about this business of having to work away? And, if he refuses, and he is sacked, what situation is he in then legally?

 

We won't worry too much about him being my carer, and he certainly wouldn't spout off about it; but he really doesn't care about this job anymore and he;s felt that way for some time. He actually wants to get back into the plumbing business, at his own pace, so he may as well have the rest of the summer to sort himself out. But some of the guys are so worried about having to leave partners, some with new babies etc., one guy has emphysemia for goodness sake, and another is the sole carer for his diabetic mother in her 90's!

 

Would appreciate any further advice.

[Mark&Janice]

Does he have a contract, if so is this a substantial modification to his contract?

"If you feel that you have to resign (eg because of dangerous working conditions or your employer's behaviour), you may be able to claim constructive dismissal.

If you are thinking about claiming constructive dismissal, you should raise the problem as a grievance before you resign. If you don't, an Employment Tribunal can refuse to hear your constructive dismissal claim or reduce the amount of compensation you receive.

Be careful, though, because constructive dismissal is not always easy to prove."

[honeybee13]

Hi there, sorry to hear you have this on top of your existing problems.

 

I don't profess to know all about this, but it doesn't sound like a very long consultation period. The only time I came across an employer changing contracts and saying anyone who turned up at work was deemed to have accepted it, they gave 2 or 3 months' notice.

 

It might be worth having a word with ACAS, with the usual proviso that the person in the call centre needs to know their stuff. It might be on their website or directgov as well. Is there a union involved?

 

J&W, I think you've been around the forum long enough to know that the perceived view of constructive dismissal is that a very low percentage succeed, I have 3% in my mind, but can't remember for sure.

 

HB x