Legal or Illegal

Lizzibuff

Broken_hearted wrote: »

They could of course leave it a few months and fire you for something else. If they want rid of you there isn't a lot you can do.

I disagree - assuming you are good at your job and not doing anything you shouldn't - if they fired you, you can take it to a tribunal.

My dad is a manging director and he recently told me how difficult it is to sack someone nowadays - and this person was actually cr4p at their job!!!

Hang on in there and the best of luck!

wherediditallgo

boggie40 wrote: »

well the legal advice is sit back and see what they intend to do.
bearing in mind i work for the goverment, the advice i received is that they are acting unlawful in even expecting me to take a drop in earnings or demotion.
as for redundancy that is not even to be considered.....
thanks for the advice people.......

Well done in getting legal advice. It's pretty irrelevant what your manager individually thinks about the issue - if there's no disclosure clause in your contract, you (a) didn't have to tell them about being BR, & (b) shouldn't be penalised for now being BR, which is exactly what this feels like to me. If your manager felt that you would be better off in a role that paid the same but was a sideways step because of the responsibilities in your current one & suggested it to you, that wouldn't be so bad, but to talk to you about demotion implies that you're at fault & deserve punishment for your crime. Totally wrong, as is the suggestion of redundancy - the OR would have first dibs on any payment you're due, so if you took that option you'd end up out of work with precious little money until you found another job. Definitely don't take that option.

As your contract makes no mention of bankruptcy, your employer can't just assume your position is untenable - they have to be able to prove that you being BR makes you less fit/able to do the job you've been doing for so long, in the same way that they'd have to prove you liking to drink alcohol during the day has an adverse effect on your work & your profession etc. For instance, a nurse with a gambling habit who goes to the bookies every lunchtime in full view of patients they treat on an outpatient basis or who is seen drinking heavily in pubs local to their place of work most lunchtimes could be putting their job at risk, because their profession is being brought into disrepute by them being seen to gamble or drink heavily during working hours, leaving them possibly less mentally focused to do the job. That's why their contracts often stipulate behaviour that isn't acceptable within the working day. Given that your BR status is private & something I presume you wouldn't be discussing with all the other staff, clients etc, I think your manager would find it hard to show your position is now untenable, especially as you have a long history with the company so have a proven record of your ability. I'd say that the fact being BR isn't mentioned in your employment contract shows that the company don't automatically feel a BR is no longer capable of doing the job, so it's for your manager to prove their case rather than for you to prove your worth. Stand your ground, & good luck.

And to the issue of tax codes, yes, Finance/Payroll would see the change in your tax code. However, changes in tax code happen for a number of reasons (eg having paid too much tax in the past), so they can't & probably won't assume it's because someone's BR. They shouldn't be discussing it out of the department anyway as you're entitled to confidentiality, & shouldn't even be discussing it with you unless there's a specific work-related reason for doing so. If it comes up, casually ask if they know the terms of the Data Protection Act & the penalties for being found in breach of it - I suspect any talk/gossiping will stop pretty much immediately.

Homework

The union is bigger than 1 union rep. Join now while you are waiting to hear what is going to happen and then contact the Area Rep or main office for help when the time comes. It would be a conflict of interest locally if the rep has made this decision so someone else would step in.

Many people before have joined the union just before something happened why not you?

I would have thought they were more likely to move you to another Department elsewhere at the same grade. That's what they seem to do with others who have problems. Government offices are many years behind other workplaces if they get the chance to be. Someone will have decided that they do not want someone with money problems in case there are future problems with something and has decided this to protect the 'Department'.

I would join the union.

wherediditallgo

Don't allow the fact that your boss is the union rep to stop you speaking up for yourself. A rep at local level is doing union business in addition to their own job, is often unpaid & will therefore do as much or as little as their full-time job allows them to do. A rep at area/regional level often works solely on union business & is a paid member of their staff, & will therefore know a lot more about your rights & your employer's obligations to you & will have a lot more time to spend on your case. Also, some unions will take your case on immediately, even if you haven't paid a penny in subs yet but complete the application form & get that off to them asap. That's certainly the case for mine.