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How can this be fair? :-(

(25 Posts)
mrsharkness2 Sun 16-Mar-14 22:03:13

Hi,
Wondered if anyone was clued up on employment law here?

Long story but to be brief:
I have been in current job for 6 years. Its always been a job share. I do two days, job share does 3. Always worked fine as we could cover for eachother if kids were sick etc. However, in my time there, many have come and gone. Some have left because of the supervisor, a bully.
I must be thick skinned to be still there!
Anyway, the company asked me to take on the 5 days as the job share situation wasn't working. I said thank you for asking me but no thank you. Management have been in countless times since last July to discuss the situation as I will cover 1 extra day then the other two days they have to send in a 'mobile' to cover the shift and pay mileage etc.
At one of the meetings, I said they hadn't found anyone else as they hadn't advertised the job but they said they had. I do believe they are telling porkies here as I looked for the job on line but couldn't find it.
I was told that as the current situation wasn't working and I was refusing to do 5 days, they would have to make me redundant. I argued my case as best I could, my job isn't redundant so you cant force me to leave etc but I was pushed to accept redundancy as they are adamant they don't want the position to be a job share.
Have had my letter confirming it all and the amount I will be paid to leave, informing me if I wish to appeal, it should be within 10 days.
I have since found out that the supervisor is stepping down and is going to do the 5 days. She offered to do the 3 days and job share with me but they refused so she is going to do 5. They are now advertising her position of supervisor.
Although I have agreed to the redundancy as I was pushed into a corner and made to feel that was my only option as I wouldn't take on the extra hours, I am now p..... off that there is someone willing to take on the job share position but they wont agree to it.
Just to add insult to injury, said colleague has been in trouble with the company so many times for not doing her job properly whilst muggins here has never had so much as a cross word?
WWYD?
Should I just go quietly??

mrsharkness2 Mon 17-Mar-14 09:04:39

Anyone?

SirChenjin Mon 17-Mar-14 09:12:17

I'm afraid I don't know the ins and outs, but this really doesn't sound right to me. Do you have a union or HR dept? Bumping in the hope that someone will be along who can help.

outtheothersidefinally Mon 17-Mar-14 09:23:49

Definitely not right. Don't know who to go for unbiased help in the uk (obviously paid for legal bods are bidding for business so not unbiased). But find out and go there!

FunkyBoldRibena Mon 17-Mar-14 09:27:41

Appeal, and say that you are appealing because you understand they have indeed found a job share partner.

If you miss the appeal you may miss the deadline.

In the meantime, you need to post on the Redundancy forum www.redundancyforum.co.uk/ where hopefully a lovely lady will assist you in your appeal.

LegoCaltrops Mon 17-Mar-14 09:28:00

Ask ACAS. They were great when I had work problems.

Defini doesn't sound right, TBH. If you're being made redundant, it should be because the job is no longer available. To anyone.

SirChenjin Mon 17-Mar-14 09:28:04

Just had a look at the Gov.UK website https://www.gov.uk/dismissal/unfair-and-constructive-dismissal

Some interesting stuff there which seems relevant to your situation.

FunkyBoldRibena Mon 17-Mar-14 09:28:36

She is an employment solicitor and posts on the forum pro bono. She is wonderful if a little 'to the point' but her advice is top notch.

mrsharkness2 Mon 17-Mar-14 09:38:01

Thank you for all your replies.
I have spoken to Acas three times but although they were very helpful all they could say really was that it could be classed as constructive dismissal and I could go down that route but it would cost me a lot of money and I probably wouldn't win.
I also got in touch with a union but they can't help with issues that are already going on when you join apparently so that was a brick wall too.
I will look at the redundancy website now.
X

SirChenjin Mon 17-Mar-14 10:27:40

Which union did you call? I joined Unison when there when an ongoing issue, as did a couple of my colleagues.

Hope you get this resolved.

LadyMaryLikesCake Mon 17-Mar-14 10:38:06

Hi, mrsharkness.

I'm not surprised you're upset, what a shitty thing for them to do angry It may be worth your while contacting your household insurance company as you may have legal cover on your policy which may cover employment issues. Do check your policy for this first though. The CAB can point you in the right direction of help too.

I'd always thought 'redundancy' means that particular job no longer exists, they can't just give it to someone else. angry

Leaving due to constructive dismissal is a bit different to just resigning. You have to say in your resignation letter that you consider yourself constructively dismissed due to their actions, otherwise it may not apply (unless this has changed in the last 4 years). You can't say 'OK' then or indicate this in any way, you have to show that by doing this they have broken the employer-employee relationship to such an extent that it's unrepairable. You do need proper advice from a qualified person for this (not saying there isn't anyone proper or qualified on here) so do look for this.

Wishing you all the best with this.

thanks

Bramshott Mon 17-Mar-14 10:40:12

It does sound very unfair. BUT, I would have thought that challenging them over it will probably not lead to you getting your job back / keeping your job so it may be best to be realistic about that.

Hopefully someone who knows more will be along soon.

mrsharkness2 Mon 17-Mar-14 10:49:15

I called the Unison number I found on line but got through to a call centre. They were very helpful but basically said unison would not take on any on going issues. When did you join?

mrsharkness2 Mon 17-Mar-14 10:55:48

I have posted on the redundancy website, hope I get a reply soon.

thanks ladymary, I will dig out my home insurance and also give CAB a call, anythings worth a try.

Bramshott, do you really think that? all I want is to carry on as I have been, don't want to leave or have confrontations with the company :-(

sirchenjin, have looked at your link. It does seem relevant to what's going on with me, am going to see what CAB say.

thanks everyone
x

LadyMaryLikesCake Mon 17-Mar-14 10:58:36

God luck! thanks

AlpacaLypse Mon 17-Mar-14 10:58:44

There's a tiny bit of me wondering if you should consider applying for the now vacant job of supervisor... smile

FunkyBoldRibena Mon 17-Mar-14 10:59:27

You have had a response on the other forum...

mrsharkness2 Mon 17-Mar-14 11:08:56

Alpaca, I have considered that but it would mean working with the colleague that causes all the trouble. She is the main reason I wont do the five days grin
When I told my manager that colleague had offered to do the 3 days, she said not possible as it would only perpetuate the problems experienced in the past. Surely contradicting herself to now take her on for 5 days.

mrsharkness2 Mon 17-Mar-14 14:28:26

Well, I have now exhausted all my lines of enquiry. Tried all of the above suggestions and while they were all very helpful, it seems that although it is unfair and I probably do have a case, as my employer is adamant they want a 5 days a week person, they're not going to give me my job back. Also, if I were to go down the constructive dismissal route, if I were to win it, I would get about the amount of redundancy they are paying me anyway so pointless, I hadn't realised this.
So, I am reluctlantly giving up, going to leave with my head held high and know that I did my best to keep my position and that this is a shit company to work for. I had heard that they have trouble keeping staff, only got to Google them to see all the jobs that come up. All I can say is god help the person that takes over as supervisor.
Thank you all for taking the time to reply.
I'm now going to stop stressing about it and enjoy half an hour in the sunshine before DC come home.
xx

LadyMaryLikesCake Mon 17-Mar-14 14:30:17

sad Oh, mrsharkness. It's their loss. The right job (where you'll be appreciated) is out there for you, I promise you that.

brew

mrsharkness2 Mon 17-Mar-14 14:41:44

Oh ladymary, your kind words just made me fill up smile

That is what I'm telling myself. If this is how they treat loyal employees then I'm better off out of it. It was just a handy job that worked around the children as it was term time only and no family close by to help out it worked well. Hey Ho, onwards and upwards!
xx

LadyMaryLikesCake Mon 17-Mar-14 14:49:12

thanks smile xx

AlpacaLypse Tue 18-Mar-14 22:09:40

Hey smile it wasn't really a serious suggestion - I was feeling a bit mwah hah hah hah... although it would have been absolutely brilliant if you'd been able to take the supervisor job and rub the silly mare's nose right in it!

As LadyMary says, their Human Resources stink. Hope you find a far better job with a far nicer company soon.

Bramshott Wed 19-Mar-14 10:04:21

Sorry not to have been back to the thread. Glad that you have made peace with what's happening to some extent.

What I meant by what I said before was that they clearly, for whatever reason, fair or (by the sound of it) unfair, want you either doing 5 days or out, and once the relationship has broken down to that extent, it's very unlikely that you can regain the status quo, however much you want to. Better, as you're doing, to check your legal position, and get as big a pay-off as you can, and find something better.

mrsharkness2 Wed 19-Mar-14 15:57:46

Thanks ladies. That's the plan Alpaca, a better job with better employers and hopefully better money would be nice smile

Bramshott, I think you're right, their minds were made up that they wanted one person for five days and just weren't going to move on that decision.
My pay off is a bit more than I was expecting and they are also going to pay me for the Easter hols which is an extra four days that I wasn't expecting to get so I'm going to take the money and run!

When I have got my sticky mitts on my money, I am going to write to their HR and voice my opinion on the way I have been treated. I know I wont get anything out of it apart from feeling better for getting it down on paper to someone higher up in the company.

Onwards and upwards now x

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