Please tell me I have done the right thing to quit my job! Also.. were they legal?

(36 Posts)
alltoomuchrightnow Wed 24-Aug-16 19:12:55

I'm not in a union and have talked about my job on here before. (charity retail management; well known charity)

It's the company who (if you'd read before) - give me unpaid breaks, knowing I can't take them (i.e. no break but don't get paid a full day.. in theory should get a paid lunch hour but have no cover and been told never to leave the shop anyway). Made me take off sick days (i.e. hospitalisation) as holiday. Let my job share pay me cash in hand if I covered for her (e.g. if her child was sick or because she wanted another holiday but had used all hers up - this has happened several times). Who wanted me to use my own phone to ring mobile numbers (I politely refused)

What is the protocol for delivering important news? I was called to a meeting today at the branch manager's house, that I have had a week's notice of, to be with her, my job share and a trustee of the charity. They knew it was my day off - job share working today so at least got paid for it (and I wouldn't get paid for it including petrol - 20 miles each way) but stressed it was urgent. I agreed as didn't want it hanging over me.

Traffic was awful and took me an hour and forty five minutes to get there (probably didn't help the Duke and Duchess of Cambridge being in the area but no one had warned me of that!) although I guess that's not their fault..but as I said.. my day off. Wouldn't have minded if had been a constructive meeting.
Instead I was told that the shop wasn't working out with two managers (i.e. job shares) That my job share would now be sole manager but they could offer me something. Honestly thought would be a management position in another shop but what they proposed was that I become assistant manager i.e. demoted. Same hourly rate and more hours if wanted. Probably thought that would sweeten it hmm That it wasn't personal but takings have been low (which we are all aware of ) and they thought takings could improve with one person solely in charge who had been there longer than me.
Here is the sting - I have nearly 30 years of retail experience and have been a manager (in various sorts of retail , charity and non) since I was 22. Now mid 40s. Without any problems. Job share had never been in retail but one of the trustees trained her to their liking (that was their exact words). I was never trained in this job so just had to get on with it,, at least had the experience. Being that I'm used to charity retail that wasn't really a problem or so I thought . I have or so I thought run the shop as they asked but obviously not good enough (as I said before, Trustee has not liked me from the start.. my face doesn't fit, i'm not from round there etc.. though I get on with everyone! They have glowing reports from volunteers and customers.. although that to me is a bit underhand.. asking for feedback from them about my character)
I love my volunteers and customers and many of the volunteers have said they wouldn't want to work with anyone else (I should point out that job share and I don't work together.. we have our own days)
Anyway they said I would be on the same hourly rate but could have more hours if wished..but I wouldn't have the authority I did have.I would answer to my job share only (i.e. no longer job share) That job share was never going to work any more weekends, which was her request because she has children (a bit unbelievable to me as whenever I was a full-time manager in the past I often did 6-7 days a week.. why would you take a retail manager job if didn't want weekends? It's like a bar manager saying he refuses to work evenings!)
So they said I could 'have' every Saturday, 'we thought you'd need the money'. They obviously thought I'd wring my hands in gratitude because I could keep my job and have more hours too. It doesn't work like that. I'm devastated especially as they've been so underhand.. yes I am skint but what about principles and self respect? I get demoted yet asked to work more hours inc every weekend instead of alternates? I lose my responsibility yet will cover for what she doesn't want to do? It's so insulting. They are choosing the person to be manager over me who will work less hours than me and is totally inflexible.. i already did more hours than her and would come in with no notice on days off and holidays . I don't have kids so I think they abused that. I;m not saying they should have chosen me but why couldn't they have kept us both same? The shop won't be cutting costs if kept us both on yet they think the shop would make more money sad
Have I made a huge mistake to resign? DP and I are pretty skint. Not huge debts but have mortgages, bills pets, cars, live middle of nowhere. Ok I was only on minimum wage as a manager but it all helped. In fact sometimes I'm the breadwinner. Have I done the right thing re principles?
I feel so low and shocked and can't stop crying, how am I meant to find another job in this state. DP can't support two of us and we've had an awful year with several bereavements and more very recent bad news . I can't think straight. The pressure is on me to get another job quickly when I feel this awful and stressed. Had just booked and paid for a holiday too.
So yes I was offered another position but I quit instead. I can't work where my morale would be so low because I was demoted.
Sorry long and rambling. can't stop crying and shaking. I gave up my day off and petrol for this which I've always done willingly because I care about the charity but come on!!!!! For this?!!!
Please tell me I've done the right thing to give a month's notice, with nothing to go to (in theory couldn't do another job for 6 weeks anyway as go away for first two weeks of October)

alltoomuchrightnow Wed 24-Aug-16 19:15:09

My friend suggests ringing ACAS and that they may have been illegal to not advertise the jobs internally first? i.e. having a lone manager after a year and a half of two job sharing managers.
Also what has really stung is not that how I've always gone the extra mile for them (giving up days off/ breaks/ collecting donations from strangers houses late at night etc) but that my job share knew about this before me. It was all decided. They offered her the role and she asked to quit weekends. As we are to this point still job share, why didn't they talk to us both at the same time. That was surely the point of the meeting..but they dumped this on me while she looked sheepish

alltoomuchrightnow Wed 24-Aug-16 19:17:42

I'm sure they thought because I am childless and skint I'd suck it up and this has been the leif motif through my career really.. oh she's childless..she can do all the extras hours and weekends etc.Which I've had nearly 30 yrs of. Like as if being infertile isn't bad enough . Maybe I'm just being extra sensitive right now but can't believe they demoted me and kept the person who's laying down their own laws and requests and has worked less hours than me and will be working even less than she does now

ajandjjmum Wed 24-Aug-16 19:23:19

Get advice pronto.

Sorry you're in this situation.

JaneAustinAllegro Wed 24-Aug-16 19:30:42

you need Hermione Granger and / or Flowery here ASAP because this sounds like you have potential for a constructive / unfair dismissal claim (how long have you worked for this charity??) - it's very technical and there are strict time limits in which to claim so you need to press on with this very quickly. Good luck.

This is a great note for you to use - if you can copy & paste your original post into a document with more precise details of where / when / who - timings and words spoken as accurately as you can recall, and time / date it - a near -contemporaneous record will be very helpful

CodyKing Wed 24-Aug-16 19:30:52

I've read your other threads -

First send an email to them

Outline - today's meeting - you were inform X had been given the role which admit advertised for the best candidate
That you were called to a managers house? On your day off

Etc

Keep it none emotional

Them seek legal advice no win it fee !

Then start looking for other jobs
Unsafe your CV and sod them

FadedRed Wed 24-Aug-16 19:34:02

This all sounds very sharp practice IMO, but you need to get advice ASAP from experts. Start by phoning ACAS, as your friend suggested.
So sorry for you to be in this awful position, and appalled that a charitable organisation can treat people like this. flowers

TotalPerspectiveVortex Wed 24-Aug-16 19:34:19

How long have you worked there? If it's more than two years you could have something, if it's less than two years you probably don't. Resigning isn't always the best option. You've chosen to leave, and I'm not sure I can see constructive dismissal here, as I can't initially see anything so severe and unreasonable it's a breach of contract, including loss of trust & confidence. That's not however to say what they have done is right.

MumUndone Wed 24-Aug-16 19:55:51

Breaks - you are legally entitled to 20 mins (unpaid) if your shift is more than 6 hours. Your contract of employment may allow for more than this, i.e. 1 hour paid. If they are not allowing you this (e.g. by letting you shut the shop for an hour) then they are in breach of contract, and working time regs. Have you spoken to your manager about taking breaks? What response did you receive?

Demotion - has your manager spoken to you previously about any performance issues? Has there been any prior discussion about the jobshare not working? Why was the jobshare put in place to start with, i.e. because the other manager wanted to go part time?

How long have you worked at the organisation?

If you have more than 2 year's service you could claim constructive dismissal. Otherwise, you could still raise a claim of breach to working time regs.

alltoomuchrightnow Wed 24-Aug-16 20:04:09

Less than two years. Was my year mark in early summer

UnexpectedItemInShaggingArea Wed 24-Aug-16 20:10:23

OP you need to leave that job. They are utter bastards. I know it feels like giving up and letting them get away with despicable behaviour but I would put all your energy into getting another job.

I've read all of your threads and you will never have a satisfactory role there.

alltoomuchrightnow Wed 24-Aug-16 20:13:53

Cody..it wasn't advertised internally or externally. I was called in with job share and informed from now on, only one manager..which was her. Either I could stay (demoted to assistant) or could leave. Given a few days to think about. I've already emailed my notice. I can't hack staying as assistant..even if slightly more hours and therefore more money (albeit still min wage but that's by the by) but knowing I'd been demoted. In all my years of retail I've been promoted and not demoted. I thought 29 years of experience meant something sad Job share same age as me btw and doesnt have the experience. Meant to be my friend. Def backstabbed

alltoomuchrightnow Wed 24-Aug-16 20:21:17

Mumundone.. nothing specific. Often told me my experience was second to none which is why they hired me. It's more that job share got trained 'their way' . I thought I'd accustomed to their way. Well I have. It's like I'm being set up. I'm not a rebel.I just get my head done and work really bloody hard. Way beyond the call of duty . For e.g. I do all the eBay and also Gift Aid admin as extra too…she does none of that. I do a lot unpaid in spare time
Job share has never been part time. She was an unpaid volunteer. Manager left and she was advised to apply. She said she would if it could be a jobshare. So she got the job and then they hired me to share it with her. Although I always did more hours than her

alltoomuchrightnow Wed 24-Aug-16 20:21:51

Head down, not done haha! It's done in now

CodyKing Wed 24-Aug-16 21:46:25

Do you work notice?

Do very basic - do not train her - take lunch and brakes - work to rule

HermioneWeasley Wed 24-Aug-16 21:49:33

I'm really sorry, but with less than 2 years service there's very little you can do. Is there a bug age difference between you and your job share?

StealthPolarBear Wed 24-Aug-16 21:53:45

I have no advice but that is so shit op sorry

alltoomuchrightnow Wed 24-Aug-16 21:59:09

I have given a month's notice yes.. as in my contract as I remember (haven't got it to hand)

DailyFailAteMyFish Wed 24-Aug-16 21:59:12

I remember your threads.
You are better off out of there.
Work your notice and go elsewhere. They are assholes.

alltoomuchrightnow Wed 24-Aug-16 21:59:38

No Hermione we are same age but I have the background in retail management

alltoomuchrightnow Wed 24-Aug-16 22:00:07

She has been in the shop from the start as volunteered with them for a year first

CodyKing Wed 24-Aug-16 22:09:02

Is say you have a case

You were employed as a manager

Job wasn't advertised

You were demoted without reason

You hours have changed

- how can one Manage the shop but do less hours than the assistant?

What was/is the new hours?

alltoomuchrightnow Wed 24-Aug-16 22:41:28

Cody…. all that is true.
I asked them why, myself in a demoted position would be doing more hours than the manager. No one had an answer to that. They said if I didn't want to do every single Saturday they'd have to find someone else to do it (paid not volunteer)
As a solo manager, she would only be doing two days a week ! (if I stayed). They would want me to do four days a week.. so , double hers! (the shop opens six days a week)

OllyBJolly Wed 24-Aug-16 23:05:18

How awful for you. Yes, you have done the right thing.

However, I don't see where your employer has done anything illegal.

There is no requirement to advertise jobs.
Managers can be part time- many are
Your pay rate stays the same so no 'demotion'
Sorry, experience doesn't equal competence. The other employee has been judged as a better fit for the role.
Lunch hours are not usually paid
Poor protocol to call an employee in on a day off, but looks like you agreed to that.

It doesn't sound as if it has been handled well and you are better off out of it. Hope you find something much better soon

CodyKing Wed 24-Aug-16 23:33:13

https://www.nidirect.gov.uk/articles/changes-employment-conditions

This suggests otherwise

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