Serving notice: demoted and told when to take lunch!

billybudd

getmore4less wrote: »

does the contract have any non compete/poaching clauses?

Thanks for all the help guys.

Yes, it has both of those clauses getmore4less.

I would love just to simply walk out together for lunch each day but I'm actually conscious that because he's demonising us so much to the whole office I don't actually want to give him justification for it and create a bad impression of myself to everyone else. I assume he would attempt some form of disciplinary but no idea if he could sack me for something so trivial?!

DandelionPatrol

billybudd wrote: »

I assume he would attempt some form of disciplinary but no idea if he could sack me for something so trivial?!

If he sacks you, he loses control.

1 goes to the toilet, 2 leaves for lunch. 1 then goes to lunch. 1 says "2 was here, I decided to go to lunch and went to the toilet first". 2 says "1 was here, he went to the toilet, so I decided to go to lunch".

If he keeps you, he loses control.

Mistral001

Have you read your contract of employment recently? It might be a good idea to read it and re-read it again and again.

theoretica

billybudd wrote: »

In addition to this he is trying to turn people against us by sending out emails to the whole company saying such things as to keep an eye on us and to notify him if we are acting suspicious and so on. He has also changed the locks to the doors, locked me out of my email, got the whole company (35 people) to change their passwords, made us give our building fobs back, allowed us no access to the server and unbelievably not given us internet access which is very important in 21st century recruitment!!

Should be a fun 6 months!

How is your relationship with the other 35 workers? Can you turn this into a joke with them? Dress in black with a balaclava and gloves and say you are acting as suspicious as you know how?

Katgrit

If he's making it impossible for you to do your job could you not go for constructive dismissal?

st999

If he's making it impossible for you to do your job could you not go for constructive dismissal?

Why should you worry about doing your job as long as you are getting paid?

billybudd

Katgrit wrote: »

If he's making it impossible for you to do your job could you not go for constructive dismissal?

Could be a good idea! No access to server and Internet certainly make if difficult and of course it is a commission driven job.

billybudd

Mistral001 wrote: »

Have you read your contract of employment recently? It might be a good idea to read it and re-read it again and again.

I have and of course it is heavily weighted in the favour of the employer. Demoted me was extremely borderline but most of the other stuff he is doing, although immoral and pathetic, is not breach of contract.

DandelionPatrol

billybudd wrote: »

Could be a good idea! No access to server and Internet certainly make if difficult and of course it is a commission driven job.

Interesting!!!!

I suggest some research around your rights on part commission remuneration. It is not really on in my book to deny you the facilities to make your money and I think that there is probably a breach of implied contract there.

If the research indicates that he is in the wrong, a short 'letter before action' [google this], demanding that he restores your facilities or you will sue for loss of earnings based on commission for the last 6 months?

Watergirl

Is the company an REC member? Or are you individual members of any governing body? Either will have access to a legal helpline, which you should be able to use.

Have your terms or pay changed since the demotion?

Failing that, I'd go and see a solicitor. Most (not all) I've seen in my career will give you 15 minutes guidance free. In your shoes I'd be having a meeting with him and explaining that he is not allowing you to do your job. You're not a Recruitment Consultant if you can't access the system or even go online. Is he allowing you to talk to or meet clients or candidates? If not, then you're not able to do the job for which you're employed and I would think you'd have a constructive dismissal claim. I think you probably would have anyway, but I'm in Recruitment, not Law.