Forced changes to working contitions-Is it allowed?

getmore4less

Looks like the guy has been brought in to do a "clear out" without paying redundancy.

Hold ground he will probably know his stuff and not take risks so work his way through looking for the easy pickings first.

Problem will come once a few give up and resign, that leaves the gap for business reasons to require the rest to be more flexable.

Has the company ever paid redundancy?


Is there a nasty cold going round?
Not a good idea to go in with a cold

joeypesci

There you have it. He's one of those people that got to be a manager by stabbing people and friends in the back. He's attempting to flex muscles in the hope people won't stand up to him and point out what he's doing maybe illegal or breach of contract etc.

I'm no expert but what "Hard way"? He can't give the person a poor reference as that's illegal. He can't change someone's contract without it being approved and then signed by the employee. If he then makes life difficult I'd then start recording everything, I mean EVERYTHING. So they could then take steps for unfair dismissal.

ceridwen

mobo99 wrote: »

Flexing those muscles real good! Called another collegue in to the office yesterday, told him "it was not working", hand your resignation in and I'll give you a glowing referance, if not we`ll do it the hard way.

What a guy, what a guy, someone to look up to, respect, follow and inspire to be, what a guy............:rotfl:

...and what precisely is the "It" that is not working in this case?:cool:

I think it would be wise for you to tell that particular colleague NOT to resign - and anyone else who gets that sort of pressure applied to them.

Don't forget - if anyone needs to claim benefit - then the D.W.P. might not pay it for as long as the first 6 months if someone is deemed to have resigned.

Zazen999

You all need to be prepared and definitely make sure nobody is going to resign.

You all need to be versed in the guidelines, so en masse, all ask for the disciplinary and grievance procedure to be sent to you; and go onto ACAS website and print out the Disc and Griev guidelines to use.

Refuse to resign. Take the 'custom and practice' right to the wire. Get legal advice. Join a union en masse.

Ask 'what precisely isn't working, what has changed to make the working practices unworkable?'...

If you all stick together, get wised up on your legal rights, act dumb and ask lots of questions to clarify the situation [did I mention get legal advice]; then they will have to deal with ALL of you rather than divide and rule which will be the next stage of this management technique.

smartpicture

mobo99 wrote: »

Hi, it has been stated by the new boss that he needs people who are flexible and can work when he wishes them to. We are in a sales targeted environment where my collegue who has not worked weekends in a long time(traditionaly the busiest times in retail) has hit his target year on year for the eight years he has been at this store. He has been in the top three sales people year on year. What benefit for business reasons could there be? Any ideas.

Well you've just given a perfectly valid business reason yourself. A business is in business to make profits. Clearly from your description above, your friend is one of the best salesmen there, so it's bound to hit profits if he is not available on the two busiest days of the week, isn't it?

I'm not saying I agree with what the manager is doing, but I feel fairly certain he could make a case for 'valid business reasons', so I wouldn't rely on that too much.

DVardysShadow

smartpicture wrote: »

Well you've just given a perfectly valid business reason yourself. A business is in business to make profits. Clearly from your description above, your friend is one of the best salesmen there, so it's bound to hit profits if he is not available on the two busiest days of the week, isn't it?

I'm not saying I agree with what the manager is doing, but I feel fairly certain he could make a case for 'valid business reasons', so I wouldn't rely on that too much.

There is of course the matter of killing the goose that laid golden eggs. If he is in the top 3 sales people year on year and hits his targets, despite not working weekends, then the boss would be a fool to get rid of him for a more compliant person. The only thing he is doing wrong is not doing it the boss's way, but the results say quite plainly that the boss should not interfere in how he does the job.

jdturk

joeypesci wrote: »

There you have it. He's one of those people that got to be a manager by stabbing people and friends in the back. He's attempting to flex muscles in the hope people won't stand up to him and point out what he's doing maybe illegal or breach of contract etc.

I'm no expert but what "Hard way"? He can't give the person a poor reference as that's illegal. He can't change someone's contract without it being approved and then signed by the employee. If he then makes life difficult I'd then start recording everything, I mean EVERYTHING. So they could then take steps for unfair dismissal.

You are wrong about changing a contract, he can change a contract and by the person coming in and adhering to the contract would be deemed as acceptance of the new terms.

easy

DVardysShadow wrote: »

There is of course the matter of killing the goose that laid golden eggs. If he is in the top 3 sales people year on year and hits his targets, despite not working weekends, then the boss would be a fool to get rid of him for a more compliant person. The only thing he is doing wrong is not doing it the boss's way, but the results say quite plainly that the boss should not interfere in how he does the job.

Yes, but unfortunately it isn't the boss we're talking to here.

From the bosses point of view, I can see why he is asking X to go back to working similar pattern to the other salespeople (which was always the intention, from the original contract). What happens when another staff member gets a difficult domestic situation? They go and say "please, can I not work weekends? " Boss says, no, we can't do it that way , and the person says "but X is allowed to take all weekends off." Immediate problems and ill feeling throughout the company.

It may also be the case that the company is suffering falling sales, and needs it's best salesman there at peak times to maximise the opportunity for profit. After all, if the company fails no one will have a job, weekends or not. (not suggesting your employer is in trouble, but in the current climate I can see why they may want to tighten up on working practises).

Yes the new boss might just want to be awkward. But he might also be trying to manage the store in the best way. He might have been sent in to sort out the previously lax way it's been managed too.

Obviously your colleague wants to see his son, but so do all parents (even those who live in the same house with them), so it's fair that everyone takes a turn at weekends. And your colleague may be able to spend more time with his son in school holidays when he's off during the week.

Uncertain

joeypesci wrote: »

I'm no expert but what "Hard way"? He can't give the person a poor reference as that's illegal. He can't change someone's contract without it being approved and then signed by the employee.

Sorry but both of these statements are totally wrong!

He can say anything he likes in a reference as long as it is true and not deliberately misleading. I don't know where this myth keeps coming from. :mad: Some firms may have their own internal rules restricting what staff may say in references.

Very few things in English law need to be in writing or signed to be valid. OK, it may be easier to prove what is agree if it is in writing but a verbal contract can be just as valid.

Companies can (and frequently do) make changes to staff contracts. There are certain procedures by which an employee may decline such a change in some circumstances. Otherwise turning up, working and getting paid is more than enough proof of contract.

DVardysShadow

easy wrote: »

It may also be the case that the company is suffering falling sales, and needs it's best salesman there at peak times to maximise the opportunity for profit.

But it won't help them to sack him if he is not prepared to work those hours. The only benefit is if tehy wish to send a message to other staff like 'we are so focussed on our bottom line we will sack our best salesman to get results', which is not necessarily the best message to convince remaining staff