Enforced change to contract

Ames

Hi all, this is a bit long and complicated so please bear with me.

My sister graduated this summer with a degree in audio technology.

In September she started a job as a sound technician. After the trial period she was told they wanted to demote her to crew because she needed to improve her confidence. They also said she needed to practice miking up drums, which wasn't true - she was just as fast as the other sound tech, and it was a major part of her dissertation. They said they wanted to take away the stress so she could learn. She was told that this would be a training period until January, and that her wage would go down from £6.65ph to around £5.90 - it's actually £5.80. Out of that is taken £38pw rent and heating. She's been told by another manager that she'll never get a sound tech job there because there isn't a job to get - she'll have to wait for someone to leave. She's only got 30 contracted hours pw until January.

There's also been a lot of other problems with the job, but I'm going to contact Acas for that side of things.

I've posted on the benefits board, but since Acas aren't open till Monday it'd be good to get a rough idea of how things stand with the changes to the contract.

Other problems have been no feedback on her performance, even when she's asked for it, not being shown how to do things which she'd been told initially she would be taught, and the job being advertised as 'ideal for a graduate' yet her being told she's not experienced enough. She's told different things by different managers. It seems that she was taken on (loads of people started at the same time) without there being a job for her.

Having a quick look at Acas' website, they can't force her to take a new contract, and since so much is changing (hours, pay and position) it can't really be a variation on the existing one. Also it seemed she could take them to a tribunal, although I'm not sure on what grounds. She doesn't really want to do that though. TBH I think she just wants out, and a chance to apply for other jobs. She'd earn more working in a pub! But she'd have to go back on JSA in the short term, and we're not sure she'd be allowed (hence posting this on the benefits board as well).

Anyway, sorry this is so long and complicated. As I said, I'm going to ring Acas for her on monday morning, but she's going to be meeting with the big manager on monday so any ideas would be great, then I know what I should ask about.

Oldernotwiser

Ames wrote: »

Anyway, sorry this is so long and complicated. As I said, I'm going to ring Acas for her on monday morning, but she's going to be meeting with the big manager on monday so any ideas would be great, then I know what I should ask about.

Thanked you in error.

I've given my opinion on the Benefits Board, but reading your post here another thing strikes me. Why on earth are you ringing ACAS for her - she's an intelligent, adult woman who should be sorting all this out for herself.

DVardysShadow

Oldernotwiser wrote: »

... reading your post here another thing strikes me. Why on earth are you ringing ACAS for her - she's an intelligent, adult woman who should be sorting all this out for herself.

Is this related to the confidence issue the employer picked up on?

Ames

No, it's because she's only got a mobile contract and can't afford to make calls because she already keeps going over her minutes. Plus she'll be working till 2am tonight and has a meeting early tomorrow afternoon, so she'll struggle to fit a call in once she's had a decent night's sleep.

I think the confidence issue was related to faith in her work, but that was something she's been addressing since they picked up on it a few weeks in.

zzzLazyDaisy

Her problem is that she has been there less than 12 months, so her employer can terminate her employment at anytime.

Would she rather get stuck in and continue with this job and see what happens, perhaps looking for other work in the meantime - or would she rather rock the boat and end up with a dismissal on her CV?

To be honest, I think it would be better for her if you let her sort this out for herself. By all means be there as a sounding board for her, but if she is a university graduate, she must be in her 20's and reasonably intelligent, so it is time she learned to stand on her own two feet and organise her own life.

Fluffi

Ames wrote: »

No, it's because she's only got a mobile contract and can't afford to make calls because she already keeps going over her minutes. Plus she'll be working till 2am tonight and has a meeting early tomorrow afternoon, so she'll struggle to fit a call in once she's had a decent night's sleep.

I think the confidence issue was related to faith in her work, but that was something she's been addressing since they picked up on it a few weeks in.

It'll be a lot more beneficial if she calls ACAS and explains the situation to them and hears their advice for herself - it'll help her feel more prepared for her meeting and hopefully more confident. She'll be able to ask extra questions depending on their advice and her knowledge of her employer.

I think your daughter has got time to make the call to ACAS herself if the meeting isn't until midday on Monday. Assuming she gets home and to sleep by 4am - possibly earlier I'm assuming a hour of travel time here, some time to wash and eat before bed - then she should be able to wake up at 10am (which is a good 6hrs sleep) and call ACAS and then go to the meeting. She may feel a bit tired if she has to work that evening but 1 night with less sleep than usual won't hurt her.

liney

What they could have done is told her she's not suitable and let her go instead of moving her onto the new position. They probably though they were doing her a favor by offering her an alternative.

Perhaps the company had higher expectations of the level of work a graduate would be able to undertake.

Ames

:rotfl:sister, not daughter, although the way she's acting she might as well be young enough to be my daughter! Actually, I'm 28 so even then she'd be more mature.

She's signed a contract till January but hasn't signed to agree to the lower wage. All she wants to know is can she get away with not signing it and keep working till Jan. Or if she can leave and go on Jobseekers. I've had really good advice on the benefits board but she doesn't want to hear it, she just wants answers to those questions.

She lives on site so travel time is a few minutes. She didn't sleep at all last night for worrying about it all, but wont do anything herself to sort it out. I very much doubt she'd call Acas herself, that would mean her actually doing something. I'll tell her to try them and leave it at that.

Sorry for wasting your time, if I sound bitter I am! I've been trying to help her and she's just not listening.

zzzLazyDaisy

Ames wrote: »

She's signed a contract till January but hasn't signed to agree to the lower wage. All she wants to know is can she get away with not signing it and keep working till Jan.

It really makes no difference whether she signs the new contract or not. If she continues to work for them in the new role, she is deemed to have accepted the contract by her conduct.

She lives on site so travel time is a few minutes.

You said in an earlier post that she pays £38 per week for rent and heating. That is a very small amount for housing costs. If she leaves and gets work elsewhere, her housing costs will increase considerably. I know from your other thread that she is still having to contribute to the cost of her flat in Leeds, so unless she decides to go back and live in that flat, how on earth is she going to maintain two homes at market rents, even if she does get another job?

She didn't sleep at all last night for worrying about it all, but wont do anything herself to sort it out. I very much doubt she'd call Acas herself, that would mean her actually doing something. I'll tell her to try them and leave it at that.

It is natural to worry about her, but as long as you wet nurse her, she will always be a victim of circumstances, and will never take responsibility for herself. If she wants advice she'll phone ACAS. As you say, she probably won't, but that isn't your problem. Sorry, tough but true.

.

You are a good sister, and want to help her, but sometimes the best help you can give someone is to help them to learn to help themselves (((hugs)))

Ames

Thanks. Her idea is to move back to Leeds so that she can stay in the flat here which would be covered by LHA if she was on a low wage. She's asked me to clear it out though and she's going to speak to her letting agent on monday and explain she can't afford to keep it on.

She wont phone Acas, she says she doesn't want to go in all guns blazing to the meeting with the manager and if she's got advice it'll make her look arrogant. I think she just can't be bothered.

I give in, I really do.

zzzLazyDaisy

Out of interest, has she actually checked if she is entitled to LHA for the flat in Leeds? If that is her main residence - ie she is only living in digs because she is working away from home at the moment, but she is tied into a tenancy there (if that is the case) and her things are all still there, maybe she would still be entitled to LHA?

I don't know, but someone on the benefits board might know.