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constructive dismissal ?


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hi everybody, can anyone help me?

I am a milkman, working four nights a week and collecting one evening a fortnight. I was told last week that some of the rounds were losing money and that the company were going to have to make some changes, but they definately wanted to keep me on. have worked for the company for 11 and a half months. I have 2 daughters and sometimes struggle with childcare when I am collecting until my wife gets home from work.

I was called into the office today and told I had to take on a different round which is 6 nights a week delivering and collecting 2-3 evenings every week.

As I can't do the collecting 2-3 evenings a week, I had to leave. I finish tonight and they have offered me 1 extra weeks wages.

Is this constructive dismissal?

thanks,

an ex-milkman.

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not really; it's just a change in conditions you can't accept. Sorry.

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Sorry to hear this. Was there any consultation about the change in working pattern or was it just delivered as a fait accomplit?

 

No doubt others more knowledgeable than me may be able to offer more positive advice, but I fear that with your length of service you probably don't have any rights that you can use to fight this, although it wouldn't hurt to try and appeal.

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not really; it's just a change in conditions you can't accept. Sorry.

 

Our posts crossed. Looks like it's as I thought.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Unfortunately, the employer is able to dismiss you for any reason at any time because you do not have 2 years' service. There are only a few exceptions to this service requirement, such as gender/race/age discrimination, and none of them would apply to you. The only right you might have is the right to 1 week's notice.

 

Sorry. That's just what the law says. Good luck with finding a new job.

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