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??
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How can this be fair? :-(
mrsharkness2 · 16/03/2014 22:03
Hi, mrsharkness.
I'm not surprised you're upset, what a shitty thing for them to do 
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.
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.
There's a tiny bit of me wondering if you should consider applying for the now vacant job of supervisor... 
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 
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.
Oh, mrsharkness. It's their loss. The right job (where you'll be appreciated) is out there for you, I promise you that.
Oh ladymary, your kind words just made me fill up
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
Hey 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.
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Thanks ladies. That's the plan Alpaca, a better job with better employers and hopefully better money would be nice
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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