Feeling hard done to at work by HR and Union

[harddone2]

Hello, I am currently employed as a day worker for my company, but I am currently working as temporary shift cover which attracts a payment of an extra £10000 per annum. It is in the job which I'm trained and qualified in. There are currently 4 vacancies in the positon. I have been covering the position on and off for 2 years I have a temporary contract in the position until March 2013. Then the company says I will be back on days and loose my shift allowance.The 4 vacancies have been advertised and I applied. However, I was told I will not be considered for the job as only current permanant shift workers can apply, these peoples jobs are being mitigated as their department is downsizing.None of these workers are qualified to to the job and will require full training (up to 18 months).The company states in its hand book that it can take people off and on shifts as it requires so I feel there is no such thng as a permanant shift worker. The union is happy with the companies stance as it says it has a "Gentlemans agreement" of shift jobs for shift men.They will not take my case on, HR have said they are standing by this and say I have no chance of getting the job. I really feel hard done to I am fully trained and competant in the job and feel I'm being discriminated against because I am "day worker". There are examples of day workers in similar positions being made permanant shift workers quite recently when there were shift workers in re deployment areas. (one being a union official). If the company wants to mitigate jobs then I think that is fine but surely the company should allow everyone to apply for jobs and give the best qualified the jobs and the mitigated workers should get what jobs are left. It is like working in a closed shop! Have I a reasonable case or should I keep quiet and feel greatful I have a job as one union official said! Yours Hopefully.

[teaboy2]

Re: Feeling hard done to at work by HR and Union

Employers are not allowed to treat any employee differently and any less fairly than any other employer, doing so is discrimination. Problem is the equlity act 2010 only covers protected characteristics when it comes to work place discrimination

So would you fall under any of the following:

• Age;
• Disability;
• Gender reassignment;
• Marriage and civil partnership;
• Pregnancy and maternity;
• Race;
• Religion or belief;
• Sex; and
• Sexual orientation.

Note: it could be indirect or direct discrimination.

If neither of the above apply to you, then the only option you have is to issue a grievance about being day workers being treated differently and less favorably to that of shift workers, when it comes to shift work vacancies that become available, that the company does not permit you to apply for or would refuse you the job despite being skilled and trained to do the job. All because they have a gentleman's agreement (which is not legally binding or legally enforceable) with the UNIONS. This attitude by the company is discriminatory against Day Workers in company employment and grossly unfair, as it would mean resigning in order to stand any chance of having a successful application for any shift work vacancies.

[harddone2]

Re: Feeling hard done to at work by HR and Union

Hi thanks for the reply, if I take out a grievence am I likely to be singling myself out with HR and end up being worse of as they are within their rights to do what they are doing.

[teaboy2]

Re: Feeling hard done to at work by HR and Union

No - But if they do then its victimization which you can take them to tribunal for, where the discrimination between day and shift workers will be part of the tribunal case as well, since that's what your grievance is about. You can take tribunal action even if your still in employment with them if they victimize you or discriminate against you in anyway as a result of your grievance letter.

[miliitant]

Re: Feeling hard done to at work by HR and Union

the internal vacancies should be advertised and any member of staff should be entitled to apply.
if you fail the interview they need to tell you why and then bring you up to the standard expected

i do not believe in a "gentlemens agreement" and belongs very much in the past

if they have a "local agreement" that has been signed off by management, current staff, and the union, thats a different situation

a local agreement will surpass any normal employment legislation as it will be seen that the union will be acting in the best interest of its employees, as long as its not in direct contravention of the employment rights act

what might be the situation is the employeer is looking to slim down its operations and trying to maintain full time jobs, and if a department is closed for example, by offering those staff a different roll within the company

[harddone2]

Re: Feeling hard done to at work by HR and Union

Hi Great Dane thanks for taking the time to answer my question, Can I ask another, Should I have recieved a written reason for not even getting an interview or was the verbal reason,"I didn't fit into the interview criteria" good enough? Thanks again. Can I just add that Im not used to being in this situation I'm usullly just in the flow of "normal workers", So I hope I can find the courage to go on with my problem and reach a satisfactory outcome. The advice Ive been given so far by yourself and Teaboy2 has been so valuble and a comfort in that there is hope. Thanks again

[miliitant]

Re: Feeling hard done to at work by HR and Union

well yes

i would be asking for what reason you were not even allowed an interview, let alone a shortlist of candidates

this is discrimination

try going around your manager and contact HR direct and ask what is the interview criteria that the company thinks you do not have to apply