I need advice about demotion of my job

[renegadeimp]

You need to check your contract very very closely and see what it says.

 

However, they still need to adhere to a consultation period. They cant simply say " Hey you. You're being demoted in a week. Either accept it or quit". Especially if they arent doing it to anyone else and the business isnt struggling.

 

Can i ask if you have a Union rep at your workplace you can speak to?

[renegadeimp]

Thats a very concerning clause, however, its not illegal although it could be unlawful as they are denying you representation.

 

Could you also post up the relevant part of your contract if possible?

[renegadeimp]

Really? I didn't think they could stop you. Is that written down?

 

HB

 

It's not illegal HB, but it may be unlawful for the reasons i set out above. I was a union rep for 6 years working with (but felt like for) the biggest meat processing company in europe, and we had tons of issues with them. Silly thing is, because they never listened to concerns, they are now backing out of most of europe and sticking to 2-3 countries, but thats for another discussion.

 

The part that they can technically skip around is that to hold a certain position, they can say that you arent allowed to join a union, but everyone who holds the same rank in the company must be on the same standing, meaning that none of that rank can join. Also, there is no requirement for a company to recognise a union, but they cant stop you joining one outside work and bringing them in to represent your rights, but there is no mandate that says the employer must do the will of the union.

 

You can join one outside as i said, but they can only come to discussions/disciplinaries as a witness and to ensure that your rights are being upheld, and not as a rep who is trying to change the way the company works, such as they do in a certain major union.

Edited January 20, 2013 by renegadeimp

[renegadeimp]

The rules as they currently stand are:

 

Every worker has a right, by law, to choose whether or not to belong to a trade union. Action by the employer aimed at preventing a worker from exercising this right, whether at the recruitment stage, during employment or by termination of employment, is unlawful.

 

If your employer tries to prevent or discourage you from joining a union, for example by threatening that you lose a benefit, or by offering you some benefit in return for not joining, seek advice as early as possible. The union will be well-placed to sort things out, including by achieving compensation for you at an employment tribunal.

 

 

Taken from http://www.worksmart.org.uk/rights/can_my_employer_prevent_me_from_becoming

 

In short, you can join one, your employer cant stop you from doing that. But there is nothing to say that the employer must recognise one within the company.

[renegadeimp]

They dont give you a copy? They are breaking the law there. Under UK law, you must be given a copy of your contract or at the very least a written copy of your terms and conditions. Normally when you start your employment or soon after. If you move or are promoted to another job in the workplace, they should provide you with an updated one. They cannot refuse to give you a copy.

 

As for unions or reps, call one of the main unions up and speak to them. It really sounds like you are working for a very very shady company who is refusing to let you exercise your legal, statutory rights.

 

Regarding the contract, if they dont give you one, they can change it and amend it at any time and say you agreed to it.

 

I still have the 6 contracts i had when i spent 11 years with my last employer and was employed in various positions and departments through the company.

Edited January 20, 2013 by renegadeimp

[renegadeimp]

Contract of Employment

 

As soon as you start work there is a contract of employment between you and your employer. A contract is like a set of promises made between both sides that can be enforced by law. Anything your employer has told you about the job is part of your contract, even if it is not written down. Your employer should not change your contract without your agreement. You also have statutory rights which your contract may improve on but should not reduce. These include: maternity rights, minimum holiday entitlement and breaks from work, the right to trade union membership, and a minimum wage covering most workers.

 

Keep anything in writing you may have about your job, including the job advert, pay slips, and any letters from your employer. These are evidence of what you have agreed with your employer. It is best if you are given a written contract with details about your job. If your employer only tells you these things it may be difficult to prove what was said if there is a disagreement later.

 

Certain terms of employment are implied as being part of your contract even if they are not in writing. So for example, your employer has a duty to safeguard your personal safety at work. ‘Custom and practice’ can also provide evidence of unwritten terms in your contract. For example, if an annual bonus has always been paid it is likely to be an implied term of your contract.

 

Some employers do not give their employees anything in writing, but they are breaking the law. All workers have a right to a ‘written statement of their main terms and conditions of employment’. This is not exactly the same as a contract, because your contract could include additional items, for example rights to compassionate leave or job related expenses, but it should cover the main parts of your contract and is important evidence of the contract between you and your employer. This written statement must be given to an employee within two months of starting work.

 

What should be written down?

You must be given one document which has all the following written down:

 

¨ the name of the employer and worker

 

¨ the date the employment began

 

¨ if your job is not permanent, when it is expected to end; and if it is for a fixed term, how long it will continue

 

¨ whether any employment with a previous employer counts as part of this employment

 

¨ the job title, or brief job description

 

¨ rate of pay, how it is worked out, and how often it will be paid

 

¨ hours of work (including normal working hours)

 

¨ holiday entitlement and holiday pay

 

¨ the place of work

 

¨ the existence of any relevant collective agreements (e.g. a union agreement)

 

You should also be given written particulars of the following, but they can be on separate documents which may not be given to you but which you should be able to see:

 

¨ terms relating to sickness

 

¨ pension arrangements

 

¨ notice periods (your main statement should either include notice, or refer you to the legal minimum notice or a relevant collective agreement which you can see, e.g. a union agreement)

 

¨ disciplinary and grievance procedures.

 

If you are entitled to written particulars your employer must give these or s/he will be breaking the law. New employees should get written particulars within 2 months. Existing employees who do not have written particulars must be given them on request. If your employer tries to sack you for asking for this right you can complain of unfair dismissal, even if you have only just started work for that employer.

[renegadeimp]

Honestly, if you want my opinion on this after being in a major union for years... I would say you need to get professional legal advice about this. Either go and see a employment solicitor, or join a trade union ( its around a fiver a week, less if its part time workers), and speak to their solicitors for as long as you want, whenever you want, for free.

[renegadeimp]

Well, i posted the law for you as it stands. As i said in my last post, i would seriously advise you get legal advice about this, as the employer looks to be evading his statutory responsibilities which is a very serious offence.