Grounds for grievance or what should he do? - Advice needed please(5 Posts)
DP has worked for the same company for 8 yrs. He is contracted to work 37 hours, 5 out of 7 days. 3 years ago he was approached by the person who organises the shifts and told he was going to change him to working Mon - Fri to help work life balance - (lots going on at the time) but he also said it helped with the needs of the business at the time. DP had not asked for this but accepted it as it was a great help. This has continued since then and was a factor when we decided to move because it meant that although he would work away Mon - Fri he would be here from @ 3.30 p.m. Fri - 9.30 a.m. Mon. However this change was never put in writing!
Fast forward to April this year. Bit complicated but DP was asked to work to a later time than he should to help cover a shift. DP did it knowing he was breaking a rule. Someone reported it and an investigation was carried out. The person who does the rotas tried to get DP to lie about it to cover him but DP refused. Other person was suspended and then given a warning mainly because initially he lied in the investigation and because he tried to get others to lie too. DP and another person were given a letter of advice outlining what they should have done.
Anyway since this person has been back at work he has without warning put DP back to working Saturdays - not just one or two but every weekend, has refused to answer any of DP's phone calls, and has basically done DP's shifts making it hard for him to spend time with us as a family. Basically he has given him a Sunday off but has him working to 9 or 10 p.m. on the Saturday night meaning he wont get home until 12.30/1 a.m. and has him working starting work at 5.30 a.m. on a Monday meaning he has to go back at @6 p.m on Sunday evening. He then has him on an early shift until the day before he has his 2nd day off for the week when he switches him to a late again and then straight back to an early after his day off. Hope that makes sense!!
Anyway DP has tried to speak to his manager about it and gets the response that he is aware of it and they will talk when he gets a chance but its been 3 weeks now since he first raised it with him. Does anyone have any advice? Should he force the issue by putting a grievance in or does he not have grounds for one as he never received anything in writing?
Thanks for reading.
Three years is a very established work pattern. No need at all for it to be in writing now.
His manager should have dealt with it immediately.
He must protest immediately, because doing the new rota could be seen as agreeing to the change in his conditions.
I suggest your DP calls his manager, and says he will turn up for the shifts he used to do, as he is not accepting these changes to his conditions, and point out to him that these changes constitute harrassment (by a disgruntled co-worker) and grounds for constructive dismissal.
Do it all politely, keep it short. I'm sure it will get sorted PDQ.
If he needs more official advise, which I think is vital, he should call ACAS immediately, they will give him all the ammo he needs.
Thanks MD, Thats brilliant, I will let him know what you have said and will def try ACAS too.
oh, if his manager begs him to continue the rota while it is sorted, he can graciously agree, but say,and put it in writing that he is doing this under protest. Always good to be seen as firm yet reasonable.
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