I'm after some advice as I MIGHT potentially have to resign from a job then sue the employer for constructive dismissal. Please bear with me, it's quite a long story ! I work in the Public Sector and have been in my present post for 2 years. Recently, the organisation decided that a new shift pattern was required which involved cutting us from 5 rotas to 4, working 12 hour days / nights on a 4 on 4 off pattern. This was not a choice on our part, we were told (??) that we didn't like our current pattern and we all 'wanted' the 12 hour one....We are due to start that pattern in May.
In my role there are 3 bases at which I can work, but my PERMANENT base is local to me, 10 minutes drive. The other 2 bases are each around 40 minutes drive away, one West, one East. My initial contract states that I can be "required to serve at" any of the three and I do sometimes have to travel for the odd shift to cover leave, sickness etc. What it DIDN'T state, or so I thought, was that I could be PERMANENTLY moved to one of the other places of work...that was until a couple of weeks back....
The job are saying that we are 2 people 'over strength' at my place of work so 2 people have to move West on a permanent basis, even though this actually puts two rotas OVER strength at that location ! Two people were selected based on what I think is a flimsy, discriminatory post code lottery i.e. whoever lives closest to the other place, even though it's still 40 minutes away and even if it's by a few hundred yards, gets told to go. Until last week I was NOT one of those chosen and I received my variance of contract re my new shifts which clearly states I am based at my usual, i.e. local, base. The rota I am being placed on matches my Wife's shift pattern as she is already on the 4 on 4 off shifts, this was agreed to in writing by the people making all the changes and by my management team.
Within 2 days of receiving and signing this variance, my employer is now saying that one of the two 'movers' was only moved as a 'paper exercise' as he was on long term restricted duties...he now says he's coming back full time in June and he lives about 800 yards further east than me...so guess what ? The managers are now suggesting I might have to move instead. Not only is this going to add nearly 90 minutes onto my 12 hour shifts but if they move me onto the rota the other chap was meant to be moving to, I will be on totally opposite shifts to my Wife, no days off together, end of work-life balance.
So, I have penned them a very long email explaining several reasons why I can't entertain this move, and am awaiting a response. I am not hopeful.
If they insist on this move, I feel I will have to resign but am absolutely fuming at the shambolic way in which this whole matter has been dealt with. If I end up resigning, I intend to sue them for constructive dismissal, through my union and hopefully with advice from ACAS, as they have created a hostile working environment for me and prevented me from continuing in a job I enjoy, am physically and mentally able to do and one I like to think I am fairly good at.
Sorry for the long thread as a newbie....any advice / thoughts would be welcomed ! Ta
In my role there are 3 bases at which I can work, but my PERMANENT base is local to me, 10 minutes drive. The other 2 bases are each around 40 minutes drive away, one West, one East. My initial contract states that I can be "required to serve at" any of the three and I do sometimes have to travel for the odd shift to cover leave, sickness etc. What it DIDN'T state, or so I thought, was that I could be PERMANENTLY moved to one of the other places of work...that was until a couple of weeks back....
The job are saying that we are 2 people 'over strength' at my place of work so 2 people have to move West on a permanent basis, even though this actually puts two rotas OVER strength at that location ! Two people were selected based on what I think is a flimsy, discriminatory post code lottery i.e. whoever lives closest to the other place, even though it's still 40 minutes away and even if it's by a few hundred yards, gets told to go. Until last week I was NOT one of those chosen and I received my variance of contract re my new shifts which clearly states I am based at my usual, i.e. local, base. The rota I am being placed on matches my Wife's shift pattern as she is already on the 4 on 4 off shifts, this was agreed to in writing by the people making all the changes and by my management team.
Within 2 days of receiving and signing this variance, my employer is now saying that one of the two 'movers' was only moved as a 'paper exercise' as he was on long term restricted duties...he now says he's coming back full time in June and he lives about 800 yards further east than me...so guess what ? The managers are now suggesting I might have to move instead. Not only is this going to add nearly 90 minutes onto my 12 hour shifts but if they move me onto the rota the other chap was meant to be moving to, I will be on totally opposite shifts to my Wife, no days off together, end of work-life balance.
So, I have penned them a very long email explaining several reasons why I can't entertain this move, and am awaiting a response. I am not hopeful.
If they insist on this move, I feel I will have to resign but am absolutely fuming at the shambolic way in which this whole matter has been dealt with. If I end up resigning, I intend to sue them for constructive dismissal, through my union and hopefully with advice from ACAS, as they have created a hostile working environment for me and prevented me from continuing in a job I enjoy, am physically and mentally able to do and one I like to think I am fairly good at.
Sorry for the long thread as a newbie....any advice / thoughts would be welcomed ! Ta
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