Employer Threatening To Dismiss If New Contract Not Signed

stepheng79

Hi Their,

I.m posting this on behalf of my Father He is employed as a factory worker in a glazing firm at the time he signed his contract he was asked by his then manager if he would be ok to do some deliverys from time to time around Glasgow and surrounding areas. My Father agreed but this has steadily increased to being away from home for maybe 1-2 nights a week. My father went into work yesterday to be told that he was to load up his van and deliver to England and other parts which would be mean being away from home for possibly 5 days. My father refused and said that he was employed as a factory worker and therfore he was not prepared to do this. His employer has since told him he has to sign a new contract saying he is willing to work away all week or basically he will be getting the sack on Friday. He also told my father not to bother taking it any further as "My lawyers will be better than yours". My father has been working for the firm for three years now so just keen to know wot his rights are in this situtation. My Father gets no allowance for working away he just gets basic overtine into the bargain.

zzzLazyDaisy

Unfortunately your father has few rights unless he is willing to resign and take his chances in a tribunal claim for constructive dismissal (which I would not recommend as fewer than 3% of cases succeed and even if he wins he will still be without a job).

So if it is going to come to him losing his job it is far better to let the employer do their own dirty work and dismiss him for refusing to sign the contract, since on the facts that you have outlined that would be a clear unfair dismissal.

However I suspect the employer is bluffing and will not actually dismiss him - especially if they seek legal advice first!

The problem is that an employee does not have to sign a contract. If he continues to work under the contract he is deemed to have accepted it.

It is therefore extremely important that if he is unable/unwilling to carry out the changed duties and/or he believes that he is being underpaid, but still continues to work for the company, that he lodges a formal grievance against the changes to his contract, and makes it clear that he is 'working under protest' in the meantime and does not accept clauses numbered (a, b, c etc).

As far as pay goes, provided his wages including overtime payments meet the national minimum wage rate for the hours he works, then again he has few rights. However if he is away for 5 nights, he must sleep somewhere and those expenses should also be covered by the employer.

The above comments are made for general information only. To get specific advice tailored to his own situation he should seek the advice of his union (if he is a member of a union) or otherwise he needs to obtain employment advice from an employment law specialist.

Two other things to consider - ACAS is becoming more proactive in some parts of the country in mediating between the parties of a dispute before it gets as far as a tribunal claim so this might be an avenue to explore.

Also, it is worth checking his house insurance to see if he has legal cover, and if this covers employment disputes.

stepheng79

Thanks for all ur helpfull advice lazydaisey will pass it all on to my father hopefully it all blows over but will get him to contact acas just incase

stepheng79

Just a quick update on the situation it looks like my father will be getting dismissed this afternoon by his employer. He has had no further dialogue with them but he has been made aware that their is somebody starting on Monday to replace him so his employer must have been advertising for the position before they have even dismissed him and is also doing this to other members of his staff. Can anybody advise how much notice my father should be getting and wot he is due.

Thanks

Stephen

Undervalued

stepheng79 wrote: »

Can anybody advise how much notice my father should be getting and wot he is due.

One week for each complete year of service (up to 12) or more if so specified in his contract. If he is not allowed to work his notice them they must pay him in lieu.

All accrued holiday (although he can be made to take this as part of his notice if the employer wishes).

That is all irrespective on the rights and wrongs of his dismissal. He needs to take legal advice on this as he may well have a valid claim.

stepheng79

Thanks for the reply we have been in touch with ACAS and if and when he gets dismissed we will be taking the matter further. His employer has said to him basically that he has more money than him and that if he fights it then he will win. He has also threatened this with another driver who works with my father but my father has a feeling that he will be the one who gets dissmissed to frighten him so to speak.

Sncjw

I hope he gets it sorted, to me that sounds unfair to dismiss him.

Ignore what he is saying about a lawyer just because you think you have more money to spend on a lawyer doesn't mean the lawyer will be better.

stepheng79

Thanks Sncjw yes we think it's unfair dismisall aswell his employer is that much on his high horse that he thinks he can do what he wants and get away with it I think most of the people he sacks just go away quietly and thats how he's getting away with it then goes into his office to gloat about it. I'm pretty sure advetising somebodys job before you have sacked them is illegal too.

Undervalued

stepheng79 wrote: »

I'm pretty sure advetising somebodys job before you have sacked them is illegal too.

Not as such!

It might be of some help in winning an unfair dismissal case but it is not illegal in itself.

stepheng79

I dont think he be that daft anyway I would imagine he would change the job title slightly so as no to put himself in it.

ableandy

Does your father have Legal Cover with his house insurance? If so get them involved as early as possible after the dismissal, they will put you onto a good employment lawyer (or alternatively go to your local Citizens Advice Bureau).