Please help ......greivance letter

blueye

Hi today I got threatened by my boss to do something or lose my job, it's a long story but ill try and keep it short.... I'm a community carer I have been walking to my clients since my car broke 6months ago.... I have been rotered to do a 'run' which is inpractable because it involves a driving carer to drop me off at calls then drive to there own then pick me up and drop me off at my next ect...this would mean the 'runs' would take much longer than we are being paid for.
I called my boss and explained I was not happy to do it, but would do one that was suitable....I was then told I would need to explain my refusal to work to the big manager....so we had a meeting....I explained my issues...I was told I should be great full they kept me on and that if I didn't do the run I would have to go onto a different contract and they would evaluate my availability and then see if there was a job for me....as I've been doing a walking run for 6 month I don't know why they want to do that now.....Acas have advised me to write a formal grievance but I don't know what or how to write it please help.....thank you for your time

Dogger69

How long have you been employed?

It is reasonable to expect a mobile carer to have access to transport, and it sounds like they have given you a great deal of time to get a new car (or a bike?). For this reason I think their actions are reasonable. However, the issue of whether/ how easily they can dismiss you will depend on the answer to the first question.

blueye

I have been employed with them since 2009....they do employ non-drivers also.

Pricivius

Were you employed as a driving carer? Was there a requirement to have access to transport? Does your contract refer to this at all?

blueye

Contract says nothing about driving...i did have a car when employed but have not for the last 6 months..... There has been no issue with me walking to clients until I have refused to do a specific run as it is not possible to walk due to there being upto 7 mls between calls and inpractable to ask another carer to drive me to calls while at the same time doing there own work.....there is a walking run I can do which they have a driver doing...but the managers will not switch it and would rather put myself and the driving carer out...

FBaby

Is your issue with the new run that you are not paid for the time you are actually walking to the client, so you are losing out financially?

I assume although the contract might not have mentioned requirement to drive, it doesn't stipulate that you would get priority in location of clients and that therefore if you are choosing to walk, you have to accept the reduction in pay?

blueye

Ok this is going slightly off course, my greivance is that I have been told I am going to do a run that...as a non-driver is not practable...I have suggested another run that I can do...I am not refusing to work I am simply asking that they allocate me a run that is realistically achievable.....instead of being listened to they have simply said if I don't do it there will be no job for me......I need to know where I stand and what to do as I believe they are going to sack me today

Takeaway_Addict

I don't know but considering you were hired with a car to do the job and they gave you 6 months to sort something out it seems fair to me that they are now requesting you go back to driving routes.

As for professional opinions you need to pay for them or hope someone like lazydaisy replies or crazyjamie

zzzLazyDaisy

blueye wrote: »

Ok this is going slightly off course, my greivance is that I have been told I am going to do a run that...as a non-driver is not practable...I have suggested another run that I can do...I am not refusing to work I am simply asking that they allocate me a run that is realistically achievable.....instead of being listened to they have simply said if I don't do it there will be no job for me......I need to know where I stand and what to do as I believe they are going to sack me today

If they do dismiss you today, come back for further advice, but this is unlikely as they will be aware of the need to follow procedures, and of the risk of an unfair dismissal claim if they do not.

It is impossible to advise you whether their actions regarding allocation of work are reasonable without seeing your contract and obtaining further information about the working practices. This is not practicable on an internet forum, so I would suggest that you take the paperwork to the CAB and ask them for advice.

However, I would suggest that you check your contract, and employee handbook, very carefully.

Firstly it is common for such contracts to be 'zero hours' or 'flexible' contracts, which means that they are not obliged to offer you any hours.

Secondly, it is rare for a contract to specify that the work is 'walking runs' or 'driving runs' and much more common for the contract to either be silent as to the method of getting between clients, or to specify that the transport is your responsibility.

Ultimately you are paid to do the job at set out in your contract, and in compliance with the company's policies and procedures as set out in the employee handbook (which may be supplemented from time to time by memos, bulletins, etc) and to comply with reasonable management instructions (reasonableness normally being determined by the needs of the business rather than what you may think is reasonable).

Sorry the above is probably not what you want to hear, but as I said, if you still need advice, you need to seek face to face advice from someone who can consider all the facts and documents with you

EDIT - re ACAS advice to lodge a formal grievance - this is stock advice from the ACAS call centre; they advise everyone who has a dispute with their employer to lodge a grievance, with no consideration of the facts of the dispute. Your employer should have a formal grievance procedure, if you do not have a copy you should ask for one. It will tell you there what to do.

You have the right to lodge a grievance about anything you wish. However, in real terms, there is little point in lodging a grievance until you are clear about your contractual rights and responsibilities, as until you do this you cannot know whether your 'grievance' has any merit.

[Deleted User]

blueye wrote: »

Ok this is going slightly off course, my greivance is that I have been told I am going to do a run that...as a non-driver is not practable...I have suggested another run that I can do...I am not refusing to work I am simply asking that they allocate me a run that is realistically achievable.....instead of being listened to they have simply said if I don't do it there will be no job for me......I need to know where I stand and what to do as I believe they are going to sack me today

Let them do the dismissal and find somewhere else that will appreciate you totally THEIR loss, if you can't just swop between your colleagues?
are there many walkers?

I remember one time, a colleague was in your position and received use of a company car as a short term measure - can you ask about this? depends how badly they need you I would of thought - are there people queing to work there then?
hope you get my drift

These companies really get people over a barrel :mad:

xxJudexx

Its totally up to your manager what route they put you on. If they start giving you the route you want then everyone will start complaining and their management will be undermined. Considering its been six months since your car broke I'm guessing they will have expected you to have sorted this out by now. I know you said they have some walking carers but maybe they have a quota and having you as a walking carer would go over this. You have to understand that things go on in the background that maybe you aren't aware of.