Please help, on the verge of losing both my jobs...

hotblu

Hello,

I will try to be as brief as possible, I am a full time civil servant, the department have made a recoommendation for my dismissal. That's all being dealt with via an internal appeal.
The problem I now face is with my part time employer, I have always had problems with my restaurant manager, but as we had 2 really good support managers I have always coped with her unfair treatment of me and other staff. Those 2 really good support managers have now left. I have always averaged 10 hrs p/wk, my cotract states an average of 15 hrs p/wk subject to business needs. I have explained to the restaurant manager that I wont have a full time job soon (internal appeal going to take a while) and I could do with extra hours. We have never got on and she has always had a dislike for me. She told me the business needs to save on labour and therefore my hours will be less than before. However, for the last 3 weeks she has gave me around 4 hrs p/wk give or take, but my other part time colleagues (her favourites) are avergaing 20 hrs p/wk. I have already approached her and explained I understand full time staff take priorty (therefore have no issue with their hours), but asked why part time staff hours not being distributed evenly. She told me off infront of staff and said I should stop telling her how to do her job (I honestly wasn't). Anyway, I am going to contact her manager (they are really good friends, so not holding my breathe), but what I wont to know is if I have any rights, as my contract is clear in saying hours are subject to business needs, but surely I am recieving unfair treatment in comparison to other part time colleagues. I would sincerly appreciate any advice or help. So stressed at the minute. Going from 2 jobs to possibly none...

Look forward to hearing anyones advice

Hoblu

maninthestreet

Why are you being dismissed from the Civil Service? Are you being made redundant?

liney

The phrase "subject to the business needs" is key here.

Also, there are other factors to take into consideration. Are the other part timers only working at the resturant, ie not a secod job?

Are they more flexible on hours then you, perhaps because you are unable to work during the day when you are in your full time job? Therefore they can work shifts that you can't.

How long have you worked at the resturant?

hotblu

maninthestreet wrote: »

Why are you being dismissed from the Civil Service? Are you being made redundant?

Dismissal from Civil Service is too complicated to explain in depth, but long and short of it is attendance, this was due to a period of sickness work related stress (also being bullied/harrassed by managers manager). This has led to complete and utter mis management. They have managed to break 3 processes/policies and 2 staturtory requirements. Hopefully appeal will be successful as I have gave 4 years to this department already and was hoping to work my way up.

hotblu

liney wrote: »

The phrase "subject to the business needs" is key here.

Also, there are other factors to take into consideration. Are the other part timers only working at the resturant, ie not a secod job?

Are they more flexible on hours then you, perhaps because you are unable to work during the day when you are in your full time job? Therefore they can work shifts that you can't.

How long have you worked at the resturant?

Thanks for reply liney.

Totally understand "subject to business needs". My issue isn't the reduction in hours per se, it's the unfair allocation of the hours that are available.

In answer to flexibility, not at all, even when I was full time employed my availibilty was just as strong as other part timers, for example, could work monday evenings, wednesday anything, thursday and friday evenings and anything saturday and sunday. So cant see how my flexibility is an issue.

Guess that's why I am on here, to see if I can take this further as a case of unfair treatment so to speak?

I have contacted area manager and they said to put in writing and will deal with on their return from holiday, not for couple weeks basically.

So frustrated and worried at the moment. Got mortgage, car finance and everything else to pay...

Hotblu

hotblu

Ps, worked for restaurant total of 2 1/2 years.

imamoneysaver

Hi

I am a retail manager and in my opinion you could complain to her manager and you have every right to, however just remember like you said they are quite good friends and in my experience if a manager has a grudge against someone they will always find a loophole- you have had more absence, other people asked before you, the list is endless.

Just remember if you do complain it will have to be investigated and therefore your Manager will find out your have made a complaint about her, and if it doesn't go your way you will still have to work with her. Maybe it is best to either have a chat with her again to try and clear the air or look for another job.

On the note of your other job and your appeal, if your absence was stress related and they broke any minor detail of procedure and policy they HAVE to retract the sanction so fight for this one!

Good luck

hotblu

imamoneysaver wrote: »

Hi

I am a retail manager and in my opinion you could complain to her manager and you have every right to, however just remember like you said they are quite good friends and in my experience if a manager has a grudge against someone they will always find a loophole- you have had more absence, other people asked before you, the list is endless.

Just remember if you do complain it will have to be investigated and therefore your Manager will find out your have made a complaint about her, and if it doesn't go your way you will still have to work with her. Maybe it is best to either have a chat with her again to try and clear the air or look for another job.

On the note of your other job and your appeal, if your absence was stress related and they broke any minor detail of procedure and policy they HAVE to retract the sanction so fight for this one!

Good luck

Hey iamamoneysaver,

Thanks for your reply. With regards to my part time job, I understand what your saying, deep down I know I aint going to get know where because of the situation. Don't really want to leave as the tips are really good. Think my best bet is transfer, shame because this restaurant was on my door step. Oh well.
Regarding my civil service job, I am totally fighting it. Already dismiised and just working notice now. Appeal isn't until next month, so at least one month without full wage, well just have to do some good money saving :-)
They have 110% broke 3 policies/processes and 2 staturtory requirements, my concern is that I have told them this but they have still chose to dismiss :-(

imamoneysaver

Hi

Surely they cannot dismiss you and then make you work your notice!!! I have dismissed many of people and never come across this....

ohreally

imamoneysaver wrote: »

Hi

Surely they cannot dismiss you and then make you work your notice!!! I have dismissed many of people and never come across this....

Only in exceptional circumstances would dismissal without notice be justified.

You've probably been lucky none of these people you've dismissed have formally challenged your decision.

mum2one

Are you a member of a union, def think you have a lot of issues and need the right advice before you end up the river without a paddle, I had a carp solicitor who lost me a case for sexual discrimination where a heck of rules were breached, by the time Id got a gd solicitor I was only able to claim for unfair constructive dismissal, where the settlement on that was a fraction of the 1st.

Get decent legal advice. x