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		<title>LegalBeagles Forum - Employment Law</title>
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		<description>Unfair Dismissal, Redundancy, Problems with Pay, Contract Issues.</description>
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			<title>LegalBeagles Forum - Employment Law</title>
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			<title>Contract issue after abscence</title>
			<link>https://legalbeagles.info/forums/forum/legal-forums/employment-law-issues/1720440-contract-issue-after-abscence</link>
			<pubDate>Sat, 04 Jul 2026 16:03:12 GMT</pubDate>
			<description>Breach of contract, return to work 
Have a contractually binding new start for an internal role commencing this Monday (same employer, no loss of...</description>
			<content:encoded><![CDATA[Breach of contract, return to work<br />
Have a contractually binding new start for an internal role commencing this Monday (same employer, no loss of service). All signed and confirmed 7 weeks ago in writing.<br />
<br />
Have been off due to disabilities (covered under EqA 2010) in the previous role for around 5 weeks, which officially ended Thursday just gone, when the fit note ended as well.<br />
<br />
Management (new manager only) has said to me &quot;Is it ok if...&quot; / &quot;Can I ask that...&quot; / &quot;would be ok to postpone&quot; the new role start date for a week or two until I complete a return to work and have support implemented, if need be through my old role, nothing about if I need support in the new role. Hasn't come from HR or anything at all. Only this manager for new role.<br />
<br />
<br />
What are my options? <br />
<br />
Doesn't seem like if I say no it would be refusing a reasonable request. <br />
<br />
<br />
I was informed of this on Thursday, we don't work Friday - Sunday. So I've been left the weekend with no direction. <br />
<br />
<br />
<br />
Management's lack of communication during this period doesn't seem to be my issue.<br />
<br />
Sickness policy basically states &quot;immediately upon return&quot;/&quot;earliest opportunity&quot; for a return to work after absence, and doesn't define an actual person, or cover anything that it needs to be in previous role/department. Contract as well doesn't cover anything on this either.<br />
<br />
Scotland.<br />
<br />
Edit: I have been subject to a disciplinary for another matter, however it is without merit. I have witness statements which support me from colleagues. <br />
<br />
I can see them wanting me to stay in previous role so they can deal with this. I don't know this but I suspect it. ]]></content:encoded>
			<category domain="https://legalbeagles.info/forums/forum/legal-forums/employment-law-issues">Employment Law</category>
			<dc:creator>NewArk</dc:creator>
			<guid isPermaLink="true">https://legalbeagles.info/forums/forum/legal-forums/employment-law-issues/1720440-contract-issue-after-abscence</guid>
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			<title>Change of contract to working hours.</title>
			<link>https://legalbeagles.info/forums/forum/legal-forums/employment-law-issues/1720381-change-of-contract-to-working-hours</link>
			<pubDate>Fri, 03 Jul 2026 04:27:24 GMT</pubDate>
			<description>Good Morning, 
I have been with the same company for 18 years and 3 months with various role changes internally, and now the company wants to...</description>
			<content:encoded><![CDATA[Good Morning,<br />
I have been with the same company for 18 years and 3 months with various role changes internally, and now the company wants to unilaterally change everyone to a 07.00 start time.<br />
My contracted hours are from 05.30 hrs to 15.00 hrs Monday to Thursday as written in the job offer below signed on 20.08.25. :<br />
<br />
Further to our recent meeting we are pleased to offer you the position of Service<br />
&amp; Workshop Engineer with a starting salary of £xxxxxx per annum.<br />
I can confirm that your contracted hours will remain the same as your current<br />
contract, 36.7 hours per week, currently worked 5.30 – 3pm Monday – Thursday<br />
with a 20 minute lunch break. We would prefer a later start and finish time each<br />
day as servicing early in the day does not work for many of our customers, but<br />
we understand that this is dependent on other circumstances being able to<br />
change for you, so will be glad to discuss this at a later date if it is feasible.<br />
We would continue to pay a grossed-up bonus to cover your fuel usage, which<br />
currently works out at around £xxxx per annum.<br />
We would also keep our contribution into your pension the same, at £xxxx per<br />
annum.<br />
Your holiday entitlement will remain at 20 days plus bank holidays each year. Up<br />
to 3 days need to be kept each year for the Christmas shutdown.<br />
We would be very pleased for you to continue your long employment with XXX.<br />
<br />
A letter from HR confirms their intentions dated 1.7.26 :<br />
<br />
We spoke to you about this later in the day and shared our concern and responsibility as a duty of care for you<br />
arriving at around 5am when the rest of the business won’t start arriving until just before 7am under new<br />
working arrangements in operations.<br />
We cannot justify a business need sufficient to place you at risk through lone working.<br />
We have a statutory responsibility to make changes immediately now that this awareness and advice has been<br />
given.<br />
The MD and I spoke to you about your value to the business and our genuine wish to keep you working with us,<br />
albeit in a working pattern that doesn’t involve lone working.<br />
Options are wide and varied and we will need you to consider and suggest your preference with the next few<br />
days.<br />
This does create a change to your previous contracted start and finish times (which will no longer exist in the<br />
business) but does not need to change your overall contracted hours if adjusted to the 7am start time.<br />
We suggested a 2-week transition but can be flexible depending on your preference.<br />
I will write to you again when we have something agreed.<br />
<br />
I then went back to HR with a compromise of start at 06.00 to do office work only and not any workshop work to negate their liability.<br />
<br />
The reply was as follows :<br />
<br />
I also wanted to come back to you following the conversation we had today around your new proposal of a start time of 6AM. I have been back and forth seeking advice as I did yesterday and whilst I appreciate this is suited to you for various reasons, it still doesn't dismiss the issue of lone working, and still does not justify the extra risk of you being here alone, regardless of the occupation. It has also raised a wider issue for that matter of any staff being here alone for any length of time, therefore I have taken the decision that the earliest we can accept is 7am. This will exist with immediate effect for any contract across the entire team.<br />
<br />
I am grateful that you have raised it as you have, because it has shed a light on quite a few situations that could arise where someone is left on site alone which will have to cease immediately. I will be working on a policy with Rhian (HR), to ensure we have all staff adhering to this and that no one is alone on site for more than 10-15 minutes. I know this is not the outcome that you were hoping for, but with that being said, at least you now know that 7am is the earliest we can accept on a contract.<br />
<br />
To protect myself, I then sent a dated 2.7.26 letter of working under protest and received the following :<br />
<br />
I acknowledge receipt of your note and will provide an informal response here,<br />
<br />
It saddens me deeply that our concern and duty not to place you at risk through lone working has provided this response.<br />
<br />
Your contract has not been changed and as we explained, we want to work with you to find the right timings that don’t put you in any jeopardy. We have indicated a few flexible weeks until we agree this new working arrangement.<br />
<br />
We must address this, xxx, the company, and I owe it to you to create a safe working environment. I am taking this very seriously. You may be interested to know that I have also already instigated a 'no lone working' rule on site company wide with immediate effect for managers to communicate.<br />
<br />
I will arrange another meeting for us to discuss this further but our stance on lone working won’t change.<br />
<br />
Obviously, I'm not happy with the change but am concerned as to my options and would appreciate any advice to enable me to move forward.<br />
<br />
Thank you for taking the time to read this.<br />
]]></content:encoded>
			<category domain="https://legalbeagles.info/forums/forum/legal-forums/employment-law-issues">Employment Law</category>
			<dc:creator>explorer121</dc:creator>
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			<title>Probation Dismissal with Procedural Irregularities - Advice Needed</title>
			<link>https://legalbeagles.info/forums/forum/legal-forums/employment-law-issues/1720349-probation-dismissal-with-procedural-irregularities-advice-needed</link>
			<pubDate>Wed, 01 Jul 2026 22:37:24 GMT</pubDate>
			<description>I was dismissed during probation from a local authority role. Following dismissal, I have submitted an appeal, a grievance, and a sexual harassment...</description>
			<content:encoded><![CDATA[<span style="font-size:12px"><span style="font-family:verdana">I was dismissed during probation from a local authority role. Following dismissal, I have submitted an appeal, a grievance, and a sexual harassment disclosure. I am seeking neutral advice on whether the issues I’ve raised amount to procedural unfairness, harassment, or potential grounds for compensation or reinstatement.</span></span><br />
<br />
<b><span style="font-size:12px"><span style="font-family:verdana">1. Probation Management Issues</span></span></b><br />
<br />
<b><span style="font-size:12px"><span style="font-family:verdana">A. Inconsistent and Contradictory Feedback</span></span></b><ul><li><span style="font-size:12px"><span style="font-family:verdana">When <b>xxx </b>told me my work was “unsatisfactory,” I asked for specific examples. Instead of examples, he sent me <b>my job description</b>, which did not clarify what was wrong or what needed improvement.</span></span></li>
<li><span style="font-size:12px"><span style="font-family:verdana">When I followed procedure, I was told I “couldn’t think for myself.”</span></span></li>
<li><span style="font-size:12px"><span style="font-family:verdana">When I used initiative, I was told I should have followed procedure.</span></span></li>
<li><span style="font-size:12px"><span style="font-family:verdana">This made it difficult to understand expectations or how to meet them.</span></span></li>
</ul><b><span style="font-size:12px"><span style="font-family:verdana">B. Lack of Structured Support</span></span></b><ul><li><span style="font-size:12px"><span style="font-family:verdana">No performance improvement plan or SMART objectives were put in place.</span></span></li>
<li><span style="font-size:12px"><span style="font-family:verdana">Feedback was inconsistent and often retrospective.</span></span></li>
<li><span style="font-size:12px"><span style="font-family:verdana">Occupational Health was <b>agreed twice</b> but never carried out, despite known personal circumstances (three bereavements and a parent’s illness).</span></span></li>
</ul><b><span style="font-size:12px"><span style="font-family:verdana">C. Escalation Without Discussion</span></span></b><ul><li><span style="font-size:12px"><span style="font-family:verdana"><b>xxx</b> escalated concerns about me without addressing them directly first.</span></span></li>
<li><span style="font-size:12px"><span style="font-family:verdana">He kept a spreadsheet monitoring my behaviour and interactions.</span></span></li>
</ul><b><span style="font-size:12px"><span style="font-family:verdana">D. The 48&#8209;Page Report</span></span></b><ul><li><span style="font-size:12px"><span style="font-family:verdana">Shortly before the probation hearing, <b>xxx</b> produced a <b>50&#8209;page report</b> detailing alleged concerns.</span></span></li>
<li><span style="font-size:12px"><span style="font-family:verdana">The report contained extensive narrative commentary, emotional leakage, retrospective criticisms, and material that had not been raised with me previously.</span></span></li>
<li><span style="font-size:12px"><span style="font-family:verdana">The volume and nature of the report appeared disproportionate for a probation review and contributed to concerns about <b>bias</b>, <b>predetermination</b>, and <b>lack of objectivity</b>.</span></span></li>
</ul><b><span style="font-size:12px"><span style="font-family:verdana">2. Probation Hearing Conducted by xxx</span></span></b><ul><li><span style="font-size:12px"><span style="font-family:verdana">The hearing was chaired by <b>xxx</b>, who relied heavily on <b>xxx</b> 48&#8209;page report and his verbal account.</span></span></li>
<li><span style="font-size:12px"><span style="font-family:verdana">The adjournment was brief and did not appear to involve meaningful deliberation.</span></span></li>
<li><span style="font-size:12px"><span style="font-family:verdana">No alternative options (extension, support plan, OH referral, mediation) were considered.</span></span></li>
<li><span style="font-size:12px"><span style="font-family:verdana">It felt like a kangaroo court.</span></span></li>
<li><span style="font-size:12px"><span style="font-family:verdana">I was given incorrect appeal instructions.</span></span></li>
</ul><span style="font-size:12px"><span style="font-family:verdana">This raises concerns about <b>procedural fairness</b> and <b>predetermination</b>.</span></span><br />
<br />
<b><span style="font-size:12px"><span style="font-family:verdana">3. Conflict of Interest / Breakdown in Relationship</span></span></b><ul><li><span style="font-size:12px"><span style="font-family:verdana">The working relationship with <b>xxx</b> had broken down.</span></span></li>
<li><span style="font-size:12px"><span style="font-family:verdana">His monitoring spreadsheet, contradictory feedback, and the 48&#8209;page report contributed to this.</span></span></li>
<li><span style="font-size:12px"><span style="font-family:verdana">I believe the dismissal was predetermined.</span></span></li>
</ul><b><span style="font-size:12px"><span style="font-family:verdana">4. Sexual Harassment Disclosure</span></span></b><ul><li><span style="font-size:12px"><span style="font-family:verdana">In February, during a meandering phone call, <b>xxx</b> made inappropriate sexual comments, including references to anonymous sexual encounters in public places.</span></span></li>
<li><span style="font-size:12px"><span style="font-family:verdana">I did not invite or participate in any sexualised conversation.</span></span></li>
<li><span style="font-size:12px"><span style="font-family:verdana">I cannot recall the exact segue into the inappropriate content due to the informal and rambling nature of the call.</span></span></li>
<li><span style="font-size:12px"><span style="font-family:verdana">I attempted to raise concerns with <b>xxx</b> on 5 March but did not feel safe making a formal disclosure at that time.</span></span></li>
<li><span style="font-size:12px"><span style="font-family:verdana">I disclosed fully only after dismissal, when the fear of retaliation was removed.</span></span></li>
</ul><span style="font-size:12px"><span style="font-family:verdana">This constitutes a <b>sexual harassment allegation</b> involving a manager.</span></span><br />
<br />
<b><span style="font-size:12px"><span style="font-family:verdana">5. Grievance Status</span></span></b><ul><li><span style="font-size:12px"><span style="font-family:verdana">HR has said they are seeking legal advice.</span></span></li>
<li><span style="font-size:12px"><span style="font-family:verdana">They may need to investigate the grievance <b>before</b> the appeal because the issues overlap.</span></span></li>
<li><span style="font-size:12px"><span style="font-family:verdana"><b>xxx</b> has been removed from communications because she may need to be interviewed as a witness.</span></span></li>
<li><span style="font-size:12px"><span style="font-family:verdana">This indicates the employer recognises the seriousness of the issues raised.</span></span></li>
</ul><b><span style="font-size:12px"><span style="font-family:verdana">6. What I Am Seeking Advice On</span></span></b><br />
<br />
<br />
<span style="font-size:12px"><span style="font-family:verdana">I am looking for neutral guidance on:</span></span><ul><li><span style="font-size:12px"><span style="font-family:verdana">Whether the dismissal process was procedurally fair.</span></span></li>
<li><span style="font-size:12px"><span style="font-family:verdana">Whether the contradictory feedback and lack of clear expectations amount to unfair management.</span></span></li>
<li><span style="font-size:12px"><span style="font-family:verdana">Whether the failure to carry out Occupational Health referrals breaches duty of care.</span></span></li>
<li><span style="font-size:12px"><span style="font-family:verdana">Whether the 48&#8209;page report indicates bias or predetermination.</span></span></li>
<li><span style="font-size:12px"><span style="font-family:verdana">Whether the harassment disclosure is likely to be considered credible given the timing.</span></span></li>
<li><span style="font-size:12px"><span style="font-family:verdana">Whether the employer’s handling breaches policy or ACAS guidance.</span></span></li>
<li><span style="font-size:12px"><span style="font-family:verdana">Whether compensation or reinstatement is realistic.</span></span></li>
<li><span style="font-size:12px"><span style="font-family:verdana">How best to navigate the grievance and appeal.</span></span></li>
</ul>]]></content:encoded>
			<category domain="https://legalbeagles.info/forums/forum/legal-forums/employment-law-issues">Employment Law</category>
			<dc:creator>sophielong</dc:creator>
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