hours cut after sickness

brightfunky1

Heres one for you.
Ive worked for a small company ( 8 high st stores) for 6 years , just over 2 years ago i had cataracts removed and was off sick for 6 months.When i returned to work it was agreed that i would work 2 days a week untill i felt well enough to return full time.
After about 2 months i made it clear that i wanted my full time job back.
Since then i have only been offered the odd extra day here and there.
My employers have constantly said that it would be next month and then the same old story every month.
Then i was told that times were hard and i`d have to wait untill trade increased , this is despite taking on 3 full time staff that do exactly the same job as myself.
My employers have told me today that i can like it or lump it.
Help please , im 36 , partially disabled and have a wife and 3 children and i`m financially drowning.
Some of us want to work.

Googlewhacker

Talk to ACAS? Do you have it in writing that it was only temporary thing because the arguement you will probably get from the employer is that it was a perminant change of contract and even though you have not signed a new contract custom and practice has come into play.

How many months have you been doing only 2 day a week?

SarEl

brightfunky1 wrote: »

Heres one for you.
Ive worked for a small company ( 8 high st stores) for 6 years , just over 2 years ago i had cataracts removed and was off sick for 6 months.When i returned to work it was agreed that i would work 2 days a week untill i felt well enough to return full time.
After about 2 months i made it clear that i wanted my full time job back.
Since then i have only been offered the odd extra day here and there.
My employers have constantly said that it would be next month and then the same old story every month.
Then i was told that times were hard and i`d have to wait untill trade increased , this is despite taking on 3 full time staff that do exactly the same job as myself.
My employers have told me today that i can like it or lump it.
Help please , im 36 , partially disabled and have a wife and 3 children and i`m financially drowning.
Some of us want to work.

I am really sorry about this, but there is nothing that you can do. If I understand this correctly, you asked to return to full time hours some 16 months ago. By continuing to work fewer hours and accepting the excuses given, you have surrendered the right to take any legal action and effectively accepted the variation of contract. There are strict time limits to legal action, and you are way beyond them by over a year. No tribunal would consider extending a time limit by that much under any circumstances.

brightfunky1

Thats not what i wanted to here but kind of expected it.So much for a bit of loyalty hey...
Thanks though.
Oh yeah i dont have it in writing because i had no reason to doubt them and yesterday i was told that i was taken back on a 16 hr contract....That was news to me.
Ive been doing 2 days for just over a year now but dont get me wrong some times ive worked a full week for a couple of months then it would be reduced to 3 days , then back to 2 days , then another few full weeks.
Can you sort of see why i believed them...Full time was always " just around the corner "

Googlewhacker

Check it over with ACAS and see what they say and then if you can speak to an employment specialist solicitor and see what they say.

At least you will know for definate.

SarEl

Googlewhacker wrote: »

Check it over with ACAS and see what they say and then if you can speak to an employment specialist solicitor and see what they say.

At least you will know for definate.

By all means get a legal opinion, but please don't pay for it. Many solicitors will give you a free introductory session. I am a barrister specialising in employment law, and based on what you have said, it's unwinnable. There are times when we lawyers may argue over degrees and interpretations. Then there are times when there is nothing to argue over. Unless there is something more to this than you have said, other events or something, then there is nothing here to argue over. Accepting reduced hours for over a year (albeit that you did not realise that this was what you were doing - I'm afraid that isn't a relevant matter) is well out of time for any form of legal action.

Googlewhacker

SarEl wrote: »

By all means get a legal opinion, but please don't pay for it. Many solicitors will give you a free introductory session. I am a barrister specialising in employment law, and based on what you have said, it's unwinnable. There are times when we lawyers may argue over degrees and interpretations. Then there are times when there is nothing to argue over. Unless there is something more to this than you have said, other events or something, then there is nothing here to argue over. Accepting reduced hours for over a year (albeit that you did not realise that this was what you were doing - I'm afraid that isn't a relevant matter) is well out of time for any form of legal action.

I wasn't doubting you, I always suggest people speak to ACAS or a solicitor because there is something differant when you speak to people rather than read of a board

And yes don't pay for advice if you can help it

brightfunky1

Thanks all for your help , i think i`ve been beat..looks like its benefits for a while.