i need some advice about change in working hours :(

monkeydrum

Takeaway_Addict wrote: »

You keep saying they are moving the goal posts but its no different to what you did after maternity leave.

err, nice quip but that's not entirely true, because when you return to work after maternity leave you negotiate and agree the terms. these new terms are not being negotiated, they are being dictated

Another_not_new_user

monkeydrum wrote: »

can i ask one more question? if i wanted to take this to a tribunal, how does that actually work? i mean, would i have to accept the new terms or the junior role in order to continue my employment whilst it went to tribunal? or would they have to leave me in my existing position until the issue was resolved?

thanks again

IF your union thinks there is a reasonable prospect of success (it isn't your choice - they must think they may win) then your costs will be covered by them. But you will have to go to pre-claim conciliation and if that doesn't work to tribunal. You will move to the junior role (or the dole queue) - you can't stay in your existing position. And honestly - win or not - don't expect to have a job at all. It may not be "fair" but when you start down this route, the greatest odds are that your only hope is that you get some cash for the job, because one way or another your employer won't be looking at your long term future with them.

monkeydrum

that's absolutely fine, as i may be looking for employment elsewhere anyway depending on the outcome of my consultation meetings, so it might be worth fighting to try and leave with something rather than leave with nothing. i'll have a think about it and a chat with my partner to mull over the options. thank you all very much for your advice, it has been helpful

Takeaway_Addict

monkeydrum wrote: »

err, nice quip but that's not entirely true, because when you return to work after maternity leave you negotiate and agree the terms. these new terms are not being negotiated, they are being dictated

It doesn't sound like the employer really wanted to agree to your terms originally now does it...works both ways.

stevemLS

There is also the concept that becoming pregnant protects you from any sort of difficulty at work for all time. Whilst it does many, it doesn't all.

You don't even have the right to return to a different working pattern, you have the right to request such a change.

They are not required to make a redundancy payment if an offer of suitable alternative employment has been made, they will argue it has, the team leader if you can be flexible, the more junior role if not. Only the Tribunal can determine whether it is suitable but I can see your employer formulating their argument and it is pretty compelling.

Without being nosey, what is the difference in the rate of pay?

monkeydrum

Takeaway_Addict wrote: »

It doesn't sound like the employer really wanted to agree to your terms originally now does it...works both ways.

but the point you don't seem to be able to get your head around is the fact that they DID agree to it, nobody put a gun to their head!

not that anyone knows me personally, but i want to be clear that i'm not hiding behind the pregnancy thing. i've been a loyal employee for approximately 20 years, my absence is amongst the lowest and my timekeeping and reliability is amongst the best. i guess that's partially why i find it disappointing that they won't help me out. either way, like i said previously, fortunately i have the option to walk away if i want, so we'll just see how it goes. perhaps there's room to come to a compromise

thanks again

FBaby

In the end, it is up to you to decide whether to take it to court. There was in my industry when someone challenged a practice with change in working conditions that had become common place. People complained about it, took it with the unions etc... but ultimately, they were told that they were breaking no laws.

One women refused the change, was dismissed and took it to court. It went on for a long time, but in the end, she won the case setting precedence (which the industry will take very seriously if quoted). She did manage to challenge it on the basis of her care responsibility towards her children.

The bottom line is you COULD have a case, but it would be very long winded (years, by which time, you will have moved on and taken on another job that suits you), costly and stressful with no garantee of winning. So ultimately, the question to ask yourself is not whether they are doing wrong and you have a case, it is is whether it is worth going through the only route available to you.

Pricivius

One point I can't see mentioned above (although I skim-read so may have missed it), has your OH looked in to changing his hours? Your employer was able to accommodate your childcare needs for a while so now it's the turn of his employer. He obviously works every Saturday, otherwise this would not be a problem for you, so OH should approach his employer for some flexibility to support his childcare needs - has he done this?

KayJay

I'm a Union rep.


The store is closing. Is the new store opening with all of the employees from the old store relocating? How far is the new store from the old one in miles?


It appears that as the store is closing, your job has obviously gone. The employer has an obligation to mitigate the effects of redundancy, so they have to find you a new job. The Team leader job at the new store requires you to cover the range of the whole 7 days. They are entitled to do this. However, you do not have to accept it. It is not 'suitable alternative employment' if it covers days that you are unable to work.


Next - the employer says you can drop to a lower job. What is the difference in the pay? If it is significant you can once again say it is not a suitable alternative, and quote also the loss of status as you were a team leader but could not accept that new role as the terms and conditions were not possible.


If the organisation accept that this is not a suitable alternative, you will get redundancy pay. If they insist that it IS a SAE then your next stage would be a grievance. You can state that they have not taken into account the fact that you have a young child and have carers responsibilities etc etc. You must exhaust all of the policies and procedures of the employer before you consider a tribunal. Your union will consider all of this and hopefully will advise you.


To answer the maternity question - being on maternity leave gives you many rights in coming back to work i.e. you have to be given priority over others for whatever roles are available. However, once you are back in, everything is the same for everyone.


KJ