Would I have grounds to claim constructive dissmissal

Mickey154

I wonder if any one can give me some advice. I've worked as a chef for the same place for over 12 years now. Ive worked up the ranks and am now head chef.

I've always been on I guess you would call it a zero hours contract. I get paid by the hour. Different hours every day every week. I have always worked a minimum of 45 hours a week normally 50 hours is a average and more in summer.
We never get any notice of our rota. Rota is always put up on a sunday evening For the next day and that week .

Any way recently my employer has decided to employ 2 new people to work in kitchen with me and the sous chef , we did not need more staff. They have no chef qualifications and seriously can not cook. We have to re cook every thing they cook it's that bad

Any way, my employer has decided to drastically cut mine and the sous chefs hours and give the hours to these 2 new members of staff. The 2 new staff are working over 40 hours a week.

My hours are now barely 25hrs a week. I'm really not happy. The sous chef is not happy either. We were given no warning that they were going to cut our hours only found out when saw rota.

Im really angry and feel I'm being treated very badly considering how long I've worked for them. I can not live on 25hrs a week. I have a family ( 4 children to support). 25hrs a week is a insult I won't be able to pay all bills or put food on table.

On top of this I've lost all motivation working there as the boss won't let me do my job. She is over 70 she has lost the plot and it a control freak. She is also a cheap skate cutting costs where she can. She buys the cheapest poorest quality food and charges customers extortionate prices.

She keeps changing every thing when I'm off. An example is that one of items on menu is garlic mushrooms in a creamy sauce. I normally make a nice sauce with cream. But no she has decided that milk thickened with cornstarch is good enough. It's duscusting. Most of the soups we sell are vegetarian and very popular. We used to sell hundreds of portions of soup a day. Now she has changed the soups to soups with meat and meat stock. The soups are not selling. She won't even let me do ordering. She insists on doing ordering her self and always orders rediculous amounts of stuff we do not need or never use.

She even tries to cut costs when it comes to health and safety. She won't buy sanitizer to clean sides, she won't buy hand sanitizer or hand wash. We don't even have a proper first aid kit. She says it's all to expensive. The last time I had a accident I had to rush home and get my own first aid kit. Kitchen equipment keeps failing and she won't replace. I've had to go and get my own equipment from home some times to he able to do my job. Extraction system does not work in kitchen and it's started to effect mine and the sous chefs health breathing in constant Gready air as it's not being removed from kitchen. I could go on. It's not that she can't afford it, she is rich and greedy. Wants to make as much money as she can with out spending.

I feel like I've been left with no choice but to look for another Job. I am going to send my CV out tomorrow and start apply for jobs. But I have a few questions that I hope some one can advice me on.

Firstly as I feel I have no choice but to leave, would I have grounds to sue for constructive dismissal after I've found a new job and left. What evidence would I need to prove constructive dismissal. And do I need to follow a set procedure before leaving if want to claim constructive dismissal.

Secondly I have been paying in to a pension scheme where I work. Would I loose this pension and the money I've paid in to it if I leave.

Would it be worth me going to citizens advice bureau on my next day off.

Any advice much appreciated
Thanks in advance

Mr.Generous

Constructive requires a much higher threshold than unfair, just keep looking.

Dox

No, you wouldn't lose your pension, or the money you've paid in to it.

TBagpuss

Constructive dismissal is difficult to prove and generally you would have had to have followed appropriate processes first.
The issues about reducing your hours, changing recipes and employing under-qualified staff are all business choices. They may well be bad choices, but if it is her business, that's her prerogative.

If the issues with no first aid kit or inadequate cleaning materials mean that you are unable to comply with food handling and safety regulations then that would be a different issue, but I think for there to be any prospect at all of a constructive dismissal claim you would have had to raise these issues, and probably to have raised a formal grievance and had it ignored .

Your best bet will be to apply for a new job and move on.

Mickey154

Thanks every one for your replies. I much appreciate it and take on board what you are all saying. I know constructive dismissal is hard to prove and to claim that's why I was asking what I would need evidence wise to prove it and what the procedures are.

I have some more questions that I hope some one can answer. My contract that I signed over 12 years ago appears to be a zero hours contract. I have been reading up on the case Pulse Healthcare Ltd v Carewatch Care Services Ltd & Ors (2012). Is any one familiar with this case. In this case they determined that employment contracts must reflect the true nature of the employment. Zero hour contracts are meant to be a casual arrangement to enable employers to cater for changing levels of demand. However if a worker on a zero hour contract regularly works the same hours, then their employment contract reflects this, regardless of what their written contract states.

There for if I've been working for them for 12 years always working the same days and having same days off. And always working a minimum of 40hrs. Normally working same hours each week. Only working more if really busy or some one is sick. Does this not mean it is likely that my true employment contract is not a zero hour contract despite what is written in my contract.

If this is the case are they not in breach of my contract by reducing my hours with out discussing it with me first or giving me any warning that they would reduce my hours.

Secondly they are more than bad decisions she is making they are stopping me doing my job. I can't do the Job I'm employed to do. And her bad decisions won't just effect her and her business. If food quality drops, and customers start complaining due to no fault of my own. Ratings will drop, negative reviews will be left and that makes me look bad, it damages my reputation as I'm head chef and meant to be running kitchen.

What company wants to employ a head chef who's food has had bad reviews at the last place they worked.

Regarding the health and safety issues. We have reported her many times to health and safety. They come out give her a warning she buy the stuff. They go away. Then as soon as it's run out it's back to square one she won't buy more. She does not care she thinks she is above the law.

I don't want to just walk away. If I just walk away I'm letting her get away with it. To me it seems more than unfair.its duscusting to be treated this way after over 12 years. But it seems that if you are on a zero hours contract you have no rights which is so wrong.

Finally I have medical evidence that states that my health has been affected by working in that kitchen with the poor extraction. I have respatory problems now and have a permanent cough and throat clearing, so does the sous chef.
Should this help my case at all.

Again thanks in advance for you replies they are much appreciated.

polgara

You need to realise that unfair and unlawful are not the same thing. Speak to an employment lawyer (I assume you are not in a union) if you want to check everything out but the best outcome for you and your health is to move on as quickly as possible.

Pension_Geek

Mickey154 wrote: »

Thanks every one for your replies. I much appreciate it and take on board what you are all saying. I know constructive dismissal is hard to prove and to claim that's why I was asking what I would need evidence wise to prove it and what the procedures are.

I have some more questions that I hope some one can answer. My contract that I signed over 12 years ago appears to be a zero hours contract. I have been reading up on the case Pulse Healthcare Ltd v Carewatch Care Services Ltd & Ors (2012). Is any one familiar with this case. In this case they determined that employment contracts must reflect the true nature of the employment. Zero hour contracts are meant to be a casual arrangement to enable employers to cater for changing levels of demand. However if a worker on a zero hour contract regularly works the same hours, then their employment contract reflects this, regardless of what their written contract states.

There for if I've been working for them for 12 years always working the same days and having same days off. And always working a minimum of 40hrs. Normally working same hours each week. Only working more if really busy or some one is sick. Does this not mean it is likely that my true employment contract is not a zero hour contract despite what is written in my contract.

If this is the case are they not in breach of my contract by reducing my hours with out discussing it with me first or giving me any warning that they would reduce my hours.

Secondly they are more than bad decisions she is making they are stopping me doing my job. I can't do the Job I'm employed to do. And her bad decisions won't just effect her and her business. If food quality drops, and customers start complaining due to no fault of my own. Ratings will drop, negative reviews will be left and that makes me look bad, it damages my reputation as I'm head chef and meant to be running kitchen.

What company wants to employ a head chef who's food has had bad reviews at the last place they worked.

Regarding the health and safety issues. We have reported her many times to health and safety. They come out give her a warning she buy the stuff. They go away. Then as soon as it's run out it's back to square one she won't buy more. She does not care she thinks she is above the law.

I don't want to just walk away. If I just walk away I'm letting her get away with it. To me it seems more than unfair.its duscusting to be treated this way after over 12 years. But it seems that if you are on a zero hours contract you have no rights which is so wrong.

Finally I have medical evidence that states that my health has been affected by working in that kitchen with the poor extraction. I have respatory problems now and have a permanent cough and throat clearing, so does the sous chef.
Should this help my case at all.

Again thanks in advance for you replies they are much appreciated.

I would walk away before your health gets worse. You need to balance the outcome you would like with how likely that is to happen. Is it the case you want the business owner to suddenly change her ways, sack the additional staff and give you full autonomy in the kitchen? If so, then that seems unlikely.

If you leave, and possibly take your sous chef with you, and the other guys are as bad as you say they are, the restaurant is likely to fail.

Mickey154

I don't expect or want her to change her ways, that is not the point. I want to leave and will leave. I just don't like that I'm being forced out of my job.
I want to be able to take action against her once I've left. So does the sous chef. If she sacked me I would be able to claim unfair dismissal. But as she is trying to force me out of my Job by making me feel that I've no choice but to leave I can't claim constructive dismissal.

She gets away with it and will treat others the same. Don't I deserve more after over 12 years of service.

How can it be legal to force some one out of there job by making them feel they have no other choice.

charlotte1994

Can you call someone to inspect the restaurant? If there are horrible kitchen conditions/no first aid equipment then HSE need to know about it!

Pension_Geek

charlotte1994 wrote: »

Can you call someone to inspect the restaurant? If there are horrible kitchen conditions/no first aid equipment then HSE need to know about it!

I would question the wisdom of doing that while working there.

Ozzuk

Mickey154 wrote: »

I don't expect or want her to change her ways, that is not the point. I want to leave and will leave. I just don't like that I'm being forced out of my job.
I want to be able to take action against her once I've left. So does the sous chef. If she sacked me I would be able to claim unfair dismissal. But as she is trying to force me out of my Job by making me feel that I've no choice but to leave I can't claim constructive dismissal.

She gets away with it and will treat others the same. Don't I deserve more after over 12 years of service.

How can it be legal to force some one out of there job by making them feel they have no other choice.

She doesn't need to sack you, she can just keep reducing your hours. See an employment specialist if you want a definitive (and likely expensive) answer, otherwise I'd put your energy into securing a new role and watch the business fail knowing you are better off out of it.