working problems with family

regularsaver1

Good luck !!

silkysmooth69

thank you i think im gunna need it

firesidemaid

has your husband turned up for work for his normal hours or not at all?

when he first started his job, did he get a written contact? if it was only verbal, what did they say about his working hours and whether they were likely to change?

employers generally need to give a month's notice of any changes - but they also need to be flexible. if they insist on changing things so that you cannot work and have to leave, then you might claim constructive dismissal.

has he had these changes in writing? if not, he needs to ask for them in writing and then make his objections to them in writing.

he might want to let them know how much he enjoys working there, but that the new hours don't suit and to try and work out a compromise between them. are they just changing his hours or anyone else's?

there are a few websites you can look at now such as: https://www.worksmart.org.uk , https://www.acas.org.uk, and the tradeunioncongress website.

tomorrow, i would ring acas - who are impartial experts on all these matters and who will help answer your questions and give you the correct advice as to what you can do (i have used them and found them very helpful before).

they are open mon-fri 08.00 to 18.00 and their no. is: 0845 47 47 47.

i wish you all the best x

silkysmooth69

he did not turn up for work at all and he told them he could not do them hours

im not sure on the contract thing he will find out tommorow

it was just him and 1 other person whos hours changed

they gave him2 weeks notice

he has told them he enjoys working there and told them about the hours and they said nothing at all basiclly he has to do them

thanky ou for your help

he works for major company so they should have contract write?


the hours have changed only recently due to sudden change at work as he works as a civvi chef in the army and everyone done the same hours but have recently changed to pay as you eat with the army so it is a sudden change in the way they eat

if you get me???????

silkysmooth69

http://www.direct.gov.uk/en/Employment/Employees/EmploymentContractsAndConditions/DG_10037116


found this thank you sooo useful
sound like were in the right but you never know

firesidemaid

silkysmooth, that was a good find. i still do not think they are right.

please, please do ring acas today, your DH can then tell his work place that he has taken advice and present the facts to them.

if it is a big company they should know better - but all companies have to stick to the law. employment law is legally binding, and if the employer doesn't follow the law and its own rules, then this is unfair.

if they are a big company, he should have a contract, terms and conditions book etc etc.

let us know how you get on x

Astaroth

regularsaver1 wrote:

a union represents workers interests?

You got is all wrong mate, unions represent their own interests not the workers

I would be surprised if he doesnt have a contract if he works for a large company... in the contract it should state things such as hours and notice required to change the contract... many contracts I have seen recently however now give the operational hours for the business and say that you will work X hours within these as per business requirements (ie giving them maximum flexibility).

ACAS are a good service for information... they can be a little divorced from reality though as implementing some of their advice in the real world is not going to do your career any good at all with your current employers.

joeblack066

He won't be doing himself any good at all not turning up.................he is under 1 years' service and therefore would find an unfair dismissal claim hard to win. He needs to talk to 'Human Resources', he should have been issued with a Contract of Employment within the first two months of employment, which would have included the 'Terms and Conditions' under which his contracted hours will be listed. If the hours say 9 - 5.30, then they have to alter the terms and conditions, and ACAS will be able to advise you on your rights in this area. If it says 'Variable' then I don't think that you will have a leg to stand on. So he needs to ask Human Resources for a Copy of the Contract of Employment and see what it says. If he is forced to do those bad hours, he needs to do them, spending the daytime hours that he is off seeking alternative employment. If he walks you will not automatically be entitled to full benefits. It also looks bad to future employers. He will have 2 days a week in the meantime as his days off to spend with your littl'un, better than nothing. Good Luck.

RibenaBerry_2

I don't want to be negative, but you say that your husband has only worked at his place for 9 months? For the main dismissal protections (unfair dismissal claims) you need a year's service. The other thing is that flexible working requests are designed to let employees ask for different working hours, not directly to prevent changes in shift - i.e. you need to have put in a request for it to apply.

I think that you also need to consider the fact that your husband simply did not turn up for work because he disagreed with the change. I can completely see why he did it, but from the employer's viewpoint he might be seen as having been absent from work without authority. I presume that this is why they fired him - did they give a reason?

As I said, I don't mean to be negative. I think that what they have done to you is very sad, and pretty unfair. However, I don't want you to get your hopes up too much that there's much you can do. If I was in your position, I would suggest that he puts all his efforts into looking for something new as soon as possible. I would also make sure that you see the CAB in case they can find a way of helping.

silkysmooth69

they have not fired him

also when he started working there he was given a verbal contract on that he would be working daytime hours 1 weekend in 4 ect ect and the sudden change of hours was not about when he started it has only been over the past 2 months

i saw on a website that couse he is not going in he is protesting against the hours if he does the hours that means he is agreeing to the contract