Safety Concerns/No Contract of Employment

[Kati]

Re: Safety Concerns/No Contract of Employment

[MENTION=19071]teaboy2[/MENTION] [MENTION=67649]matt3942[/MENTION]??

[teaboy2]

Re: Safety Concerns/No Contract of Employment

I would write a formal grievance that doubles as a rejection of variation of terms of your employment (contacted hours) pointing out that your contracted hours are 9am-5pm as confirmed by copy of email from feb 2015 (attach copy of email to the letter). Make it clear that as they have failed to provide you a written statement of particulars (written version of contract), then not only are they in breach of section 1 and 2 of the employment rights act 1996, but as a result of failing to provide such written statement your hours of 9am -5pm are an implied contractual term due to custom and practice as a direct result of working those hours since employment began! Also failure to provide written particulars means their is no clause in your contract that permits them to change your hours unilaterally as per the need of the business! Therefore make you will continue to arrive at work at 9am and leave work at 5pm. If they do not allow you to, then as your fit and able and ready to work, they will still have to pay you all hours your contractually entitled too, as per section 28 employment rights act 1996. Point out that should Mrs/Mr (Enter managers name that is making said changes to your hours) attempt to enforce said changes without my expressed written agreement, then such act amounts to a serious breach of contract, and a complete breach of the contractual term known as mutual trust, that is an implied term of all employment contracts!

Make the grievance against the manager that is trying to force said changes and send the grievance to the head of HR and to the area manager, or manager above your manager

[anon1]

Re: Safety Concerns/No Contract of Employment

I would write a formal grievance that doubles as a rejection of variation of terms of your employment (contacted hours) pointing out that your contracted hours are 9am-5pm as confirmed by copy of email from feb 2015 (attach copy of email to the letter). Make it clear that as they have failed to provide you a written statement of particulars (written version of contract), then not only are they in breach of section 1 and 2 of the employment rights act 1996, but as a result of failing to provide such written statement your hours of 9am -5pm are an implied contractual term due to custom and practice as a direct result of working those hours since employment began! Also failure to provide written particulars means their is no clause in your contract that permits them to change your hours unilaterally as per the need of the business! Therefore make you will continue to arrive at work at 9am and leave work at 5pm. If they do not allow you to, then as your fit and able and ready to work, they will still have to pay you all hours your contractually entitled too, as per section 28 employment rights act 1996. Point out that should Mrs/Mr (Enter managers name that is making said changes to your hours) attempt to enforce said changes without my expressed written agreement, then such act amounts to a serious breach of contract, and a complete breach of the contractual term known as mutual trust, that is an implied term of all employment contracts!

Make the grievance against the manager that is trying to force said changes and send the grievance to the head of HR and to the area manager, or manager above your manager

Thanks so much for your comprehensive response.

I called my manager this morning to discuss 'informally' - she said she would be calling me back but has failed to do so. I will be writing a formal grievance.

[anon1]

Re: Safety Concerns/No Contract of Employment

I would write a formal grievance that doubles as a rejection of variation of terms of your employment (contacted hours) pointing out that your contracted hours are 9am-5pm as confirmed by copy of email from feb 2015 (attach copy of email to the letter). Make it clear that as they have failed to provide you a written statement of particulars (written version of contract), then not only are they in breach of section 1 and 2 of the employment rights act 1996, but as a result of failing to provide such written statement your hours of 9am -5pm are an implied contractual term due to custom and practice as a direct result of working those hours since employment began! Also failure to provide written particulars means their is no clause in your contract that permits them to change your hours unilaterally as per the need of the business! Therefore make you will continue to arrive at work at 9am and leave work at 5pm. If they do not allow you to, then as your fit and able and ready to work, they will still have to pay you all hours your contractually entitled too, as per section 28 employment rights act 1996. Point out that should Mrs/Mr (Enter managers name that is making said changes to your hours) attempt to enforce said changes without my expressed written agreement, then such act amounts to a serious breach of contract, and a complete breach of the contractual term known as mutual trust, that is an implied term of all employment contracts!

Make the grievance against the manager that is trying to force said changes and send the grievance to the head of HR and to the area manager, or manager above your manager

So - the fact that they mentioned - ''Ability to occasionally work out of normal office hours and be on call' - in the job spec does not matter?

[anon1]

Re: Safety Concerns/No Contract of Employment

**Update

I had a telephone conversation with my boss (who is also the owner of the business. I made the point that I had not received reasonable notice to my working hours, expressed my concern that they had changed. She disregarded these, saying that where I work is a 24/7 unit, and she can make changes as per the needs of the business.

Furthermore, she said that as a company, they can no longer afford to pay for my position. When I asked her if this meant my position was being 'terminated', she said 'we are looking to rearrange it'.

I asked her about how she felt about her responsibility to me as an employee. She then began to talk about how 'we all knew the context of your being an employee during out meeting' (the meeting she is referring to is one that took place between herself, myself and the company accountant). She mentioned something about - 'you said you were looking to get a mortgage...' - as if I was looking to be an employee for the purposes of mortgage application?! Now - this is a complete fabrication - as if I am buying a place in London!

She mentioned various aspects of my performance (I have never been subject to any disciplinary proceedings) as being the cause of certain failures within the business - like it is my fault the company cannot afford to keep me. She is entitled to an opinion of course, but can she just terminate my contract suddenly?

Thanks for your input!

[teaboy2]

Re: Safety Concerns/No Contract of Employment

NO in fact what she should be doing is holding consultation with you on redundancy, as your position you current fill is what is being made redundant. They can offer you the another role (i.e. the very one they want you to do the new hours on). But they can not force you to do it!

Basically they are not just trying to change your hours, but also your wage/salary and your job title and description, by changing the terms of your current contract - They can not do that, they most terminate that contract by means of redundancy or offer the new role to you, if you accept the new role, you won't get redundancy, but it also won't change your length of service either - But if you refused the new role i.e. on the grounds its not a suitable alternative to you due to family reasons, i.e. hours are unsocial night time hours and therefore you would hardly see your other half and/or kids. Then you would be entitled to redundancy pay. However as they are not going down the redundancy route and instead are trying to force you in to the new role, then that is a serious breach of contract and would amount to constructive dismissal if you resigned due to this.

Though i would suggest you do not resign and simply allow them to continue down the route they are heading and simply refuse to work the new hours and role, and continue to turn up to your current hours and role, along with sending the earlier letter - Though make a brief mention along the lines off, as its clear your trying to move me to a new role, you are doing so in an unlawful way by attempting to change my terms of employment such as, Job title, Job Description, Hours, Salary/Wages etc. Any attempt to force new terms of employment on myself in such a fashion is a serious breach of contract - Pointing out its my fault you can not afford to keep my current role. Also at know point did i say i was looking to get a mortgage, that allegation is a complete and utter lie as i do not nor have i ever intended to get a mortgage in London, and even if i did, would be of no concern of the companies and would not effect my status as an employee of the company!

Have you spoken to ACAS as yet about the situation?

[anon1]

Re: Safety Concerns/No Contract of Employment

Thanks Teaboy - I phoned ACAS this morning. To be honest the lady i spoke with was not too helpful - quickly asking for my mail address to send me information through that. She was keen to stress that i had been in my role for less than 2 years and any dispute could prove long and for little reward. She said if i didnt turn up for work this evening and was sacked, a tribunal would only pay a week's wages if a decision was found in my favour.

[Kati]

Re: Safety Concerns/No Contract of Employment

[MENTION=19071]teaboy2[/MENTION] ??

[teaboy2]

Re: Safety Concerns/No Contract of Employment

Thanks Teaboy - I phoned ACAS this morning. To be honest the lady i spoke with was not too helpful - quickly asking for my mail address to send me information through that. She was keen to stress that i had been in my role for less than 2 years and any dispute could prove long and for little reward. She said if i didnt turn up for work this evening and was sacked, a tribunal would only pay a week's wages if a decision was found in my favour.

She can not sack you like that, she would have to go through a full disciplinary process, simply go in to work with the letter tomorrow morning! Shes the one in breach of contract!

How long have you actually worked there?

Even if you haven't been there for 2 years dismissal due to redundancy may well be automatic unfair dismissal or at least unfair dismissal., as they should be making your current role redundant rather than forcing you in to a new role by vary the terms of your contract, and therefore should have followed the redundancy process and re-engaged you on new contract with new title, description, hours and wages, though such mew contract must be suitable to yourself i.e family life! - In any case breach of contract claims can be taken to county court.