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My gf has a problem at work.
They were making people redundant, she wanted it, but they wouldnt give her redundancy, as she is one of the longest serving Staff (10 years+, with the same terms/conditions/hours for those 10 years)
Instead, she has been told (not offered) she is doing 1 day a week instead of 5. The Manager seems to think this is quite legal.
The Union are involved, but don't seem to be doing a great deal, apart from saying it isnt legal and she should just not turn up, then claim for constructive dismissal.
Her current contract finished on Friday, her 'new' contract starts tomorrow. She isnt going into work, as, basically, 1 day a week is not a job.
Any informed comment on what should happen?
Thanks
Alan.
I've just taken VR.
That's not legal. They have to offer you a 'suitable alternative' which that clearly isn't.
GEt proper advice - union sounds useless. Its not constructive dismissal, do not walk out. How big an organisation?
Its not the same job - its a new contract for less hours so its an unfair dismissal I would say but I will ask t'missus when she is awake as she is more up to date on this stuff than me.
Be prepared to threaten tribunal and be prepared for a battle
What is written in the contract? I have something similar where they can dock my pay in return for holiday and this is written into the contract
Honestly in a situation like this. Nod, smile-find another job. Leave.
Employment disputes can get nasty, take a lot of time and energy and quite often the workplace ends up closing ranks.
It sounds pretty dodgy wants going on but having been there and done that - if just quietly walking is an option, take it.
Sounds like she is too experienced too experienced and too expensive to be made redundant and properly paid off... So messed around so she leaves of her own volition... Is the company in a bad position to not be able to afford the statutory minimum payment?
Has she signed the new contract and did the employer follow the correct legal procedure around redundancies?
I have something similar where they can dock my pay in return for holiday and this is written into the contract
That’s totally different, that’s covering extra holiday, not “we’re giving you 200 days unpaid annual leave, permanently”.
Has she formally written to employer to state she does not agree to an 80% cut in her hours and pay?
I'd be very wary of simply not showing up for work tomorrow as a protest, you need expert advice, but by not showing up she could could jeopardise the significant 10+ years of redundancy pay if this very dodgy situation is deemed to be of a constructive dismissal nature.
https://www.gov.uk/your-employment-contract-how-it-can-be-changed/dealing-with-problems
What is written in the contract
Likely to be irrelevant. Working the same hours for 10 years plus, "custom and practice" probably gives her a 5 day contract. If that's the case, this is either a dismissal or redundancy.
More likely that they added up her redundancy entitlement, went "oh crap" and have decided to get her to resign.
A call to ACAS might be in order if the union are being useless.
I am not an expert, but from what I know the alternative must be reasonable. One day a week is not.
Worth getting real legal advice, even if it costs membership etc.
I'd be in work first thing tomorrow, (whether the one day a week is a Monday or not!) and camped in HR for the rest of the day. Make all calls to union etc from there!
it does look like they either can't make her redundant, due to expertise etc, or won't because of cost.
Think about what you could accept if they change their offer: would three days make financial sense?
Mrsd TJ says - "fundamental breach of contract leading to constructive dismissal" or " failure to follow redundancy procedures" - take your pick.
Its acceptable to offer reduced hours as an alternative to redundancy but if ( as in this case) its not " suitable alternatve employment" then you don't have to accept it thus you are redundant and entitled to redundancy pay.
Best outcome is either negotiate redundancy or let them cock it all up, then threaten tribunal and accept a compromise agreement ie "here is a wedge of cash, shut up and go away"
I agree with Mrs TJ - reducing someone's pay by 80% is a fundamental breach - unless she has agreed to the change. She should report to work tomorrow as normal. Worst they can do is send her home. she should put in grievance and then put a call in to ACAS on her way home. There are no fees for a tribunal, she can resign and claim constructive dismissal and any loss of earning before the date of his resignation will be an unlawful deduction from earnings.
That sounds rough, also sounds like they’re taking the piss and hoping no one fights back, sadly Indont think there’s ‘no win, no fee’ for employment stuff as a rule so employers can get away with murder without a strong union involvement.
It's constructive dismissal ....
Completely out of order. Assuming she hasn't agreed to the contract. Acas helpline would be my first port of call. ACAS helpline
If she reports in will that be seen as though she's accepted the contract?
Ah, yes, it looks probable that reporting in would say she's accepted the contract unless she puts something in writing to them? Citizens Advice
with 10+ years I imagine they're going for "we can't afford to make her redundant" rather than too experienced to let go. Doesn't sound good. I was made redundant with something like 19 years of service, they drafted the redundancy contracts such that it was limited to 12 years acknowledged service. bugger! became known as the "Callum clause" in work for a while..
Reporting in does not mean that you have accepted the contract - you put it in writing that you are refusing the new contract and are continuing to work under your old one
Agree with above. She needs to make it clear in writing that she does not accept the new working conditions. They can’t do what they are doing without agreement so don’t agree to anything. That doesn’t mean she can stop going to work though.
But get proper advice on the specifics please. If the local union rep is useless ask to see the full time officer