Is there a solicitor or a trade union rep on board? URGENT!

wotnext

I know it's a long shot just as the England game kicks off, but I wondered if there was a solicitor or trade union rep around that could advise me?

I have been employed with the same employers for 16 years. After the birth of my second child I took a career break for 5 years and was due to return last November. I asked if I could return on a Saturday only basis as I have a younger one who is yet to start school and the plan was I would try and increase my hours when he started school. Firstly the HR dept told me that I had no right to return. As I worked in HR before I went on a career break and helped devise all the paperwork for the career break scheme, I was able to tell them otherwise.;) I then got a union rep to help me, as clearly I was going to need assistance.

HR then started to drag their heels, and said they had nothing. At the time they had agency staff working in an ideal position, and which could have been filled by me. It took them nearly 3 months to respond to one of my letters. With the help of a union rep we managed to get them to admit that I was still a member of staff. They offered me a position 3 grades lower than what I was previously, with a pay cut of nearly £7k on the pretence that they had nothing else. Armed with my union rep, we met with the head of HR and said that the offer was ludicrous and if they didn't make a realistic offer, then we would take them to a tribunal and that I was also entitled to the wages I would have received if I had returned in November. The career break scheme operated a 'stop the clock' system and they could not slash my wages like that. The HR person said that the office no longer contracted staff on a Saturday-only basis for various reasons. The only position on a Saturday was the one they were offering me. They then offered me the job again, but this time offered me £4k less, agreeing to backpay. I declined on the advice of the union rep. My pension will be based on my final earnings, and if they try and slash my wages I am going to be worse off in years to come. I have since had a letter from the head of HR stating that as I have declined the post, they are taking it that I formally resigned as of this month and I have been sent forms to sign and my pension paperwork.

Today I have been made aware that a job has been advertised within the office for SATURDAYS ONLY, only one grade lower than what I was and the pay scale matches my own. I am, understandably, furious.:mad:

What I want to know is, do I have a right to write to the head of HR and demand that the job is offered to me as it could be deemed as discriminatory? Having worked in HR I know that positions have to be approved and this takes a few months. The HR person must have known it was in the pipeline when we met and when she sent her letter. She therefore told a blatant lie about Saturday-only working. Why? Why did they not want me in that position?

It's almost as if they are sacking me, without actually wanting to put it in writing, but just hoping I'll go away. Is this unfair dismissal?

What rights do I have to demand that the job is offered to me, if any? And can they assume I've resigned just because I have declined a position?

Help, please! I really want to get this dealt with in the morning and I can't relax because I'm so angry. I'm rambling, sorry!:o

Eager_Elephant

HI,

I can see that no one answered you last night, so thought I would give it a try.

I am not a solictor or a union rep but I am currently going through a tribunal with a member of my family.

I would suggest contacting community legal service direct
http://www.clsdirect.org.uk/index.jsp

You basically ring the number 0845 345 4345 and explain the situation and they will try to help.

You can also search for employment solicitors, they are quite hard to come by.

Alternatively how about ACAS
http://www.acas.org.uk/

They aim to prevent employment problems and their website is full of really good information. Try giving them a ring on 08457 47 47 47

HTH

EE

Scarlett1

wotnext wrote:

I know it's a long shot just as the England game kicks off, but I wondered if there was a solicitor or trade union rep around that could advise me?

I have been employed with the same employers for 16 years. After the birth of my second child I took a career break for 5 years and was due to return last November. I asked if I could return on a Saturday only basis as I have a younger one who is yet to start school and the plan was I would try and increase my hours when he started school. Firstly the HR dept told me that I had no right to return. As I worked in HR before I went on a career break and helped devise all the paperwork for the career break scheme, I was able to tell them otherwise.;) I then got a union rep to help me, as clearly I was going to need assistance.

HR then started to drag their heels, and said they had nothing. At the time they had agency staff working in an ideal position, and which could have been filled by me. It took them nearly 3 months to respond to one of my letters. With the help of a union rep we managed to get them to admit that I was still a member of staff. They offered me a position 3 grades lower than what I was previously, with a pay cut of nearly £7k on the pretence that they had nothing else. Armed with my union rep, we met with the head of HR and said that the offer was ludicrous and if they didn't make a realistic offer, then we would take them to a tribunal and that I was also entitled to the wages I would have received if I had returned in November. The career break scheme operated a 'stop the clock' system and they could not slash my wages like that. The HR person said that the office no longer contracted staff on a Saturday-only basis for various reasons. The only position on a Saturday was the one they were offering me. They then offered me the job again, but this time offered me £4k less, agreeing to backpay. I declined on the advice of the union rep. My pension will be based on my final earnings, and if they try and slash my wages I am going to be worse off in years to come. I have since had a letter from the head of HR stating that as I have declined the post, they are taking it that I formally resigned as of this month and I have been sent forms to sign and my pension paperwork.

Today I have been made aware that a job has been advertised within the office for SATURDAYS ONLY, only one grade lower than what I was and the pay scale matches my own. I am, understandably, furious.:mad:

What I want to know is, do I have a right to write to the head of HR and demand that the job is offered to me as it could be deemed as discriminatory? Having worked in HR I know that positions have to be approved and this takes a few months. The HR person must have known it was in the pipeline when we met and when she sent her letter. She therefore told a blatant lie about Saturday-only working. Why? Why did they not want me in that position?

It's almost as if they are sacking me, without actually wanting to put it in writing, but just hoping I'll go away. Is this unfair dismissal?

What rights do I have to demand that the job is offered to me, if any? And can they assume I've resigned just because I have declined a position?

Help, please! I really want to get this dealt with in the morning and I can't relax because I'm so angry. I'm rambling, sorry!:o

:eek: similar thing happened to me when I was working in HR, I couldnt go back to my old job cause it no-longer existed, but someone was there sitting at my old desk doing my work

take it all the way wotnect cause the job going should have been offered to you, although they do have to advertise the position by law. Go back to your union rep, good luck xxxx

Astaroth

I have never heard of any HR policy that would hold a possition open for you for 5 years!! :eek:

Our company policy is 6 months for non-maternity and 12 months for maternity reasons - they will agree a longer career break but only state they will "help" you find a possition but that it is subject to availability.

I think speaking to ACAS would be best and you ideally need to have a copy of this policy/ the agreement you came to your employers before leaving as I am sure you will find it is a rarity for a company to offer such long career breaks and still ensure that you get a job when you come back.

ohreally

Two points. Get the companies career break ploicy and consider invoking the grievence procedure as it appears you may have a grievence to prosecute.