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AIBU?

AIBU to think they just can't do this? Just basically lost my job :(

63 replies

TheWitTank · 14/10/2016 15:05

Please help wise people of MN. Z
Just left work for the day and I'm a bit shell shocked and tearful. Boss came to see me and basically has said they can't accommodate my hours anymore (9am-2.30pm 4 days a week) and that I need to change to what they need (8am-5.30pm 3 days a week) or I haven't got a job. For some background, I changed my hours to my current ones back in June due to childcare issues. Employer accepted this on a trial basis for one month -I haven't heard anything since and it seemed to work, so thought it was all ok. Now, 4 months later, boss has changed his mind. I signed a contract with my new hours. It is impossible for me to do the new hours. No possible solutions. What do I do? I really need my job, but I can't do it. I'm looking frantically through ads as I wait for my DD but there isn't anything suitable. I have until Monday to decide what to do. Please help -what are my rights? I will ring ACAS when I'm home, but I need some encouraging words to stop me bawling.

OP posts:
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aliceinwanderland · 15/10/2016 07:45

OP - in my view you DO have a potential claim for sex discrimination. As I understand it you have a contract (your new one) with reduced hours to take account of your childcare requirements. Childcare is mainly carried out by women . So a change which you do not want which does not take account of this is indirect sex discrimination. It is not a well known area of law but I have taken legal advice on this in the past (and I am a lawyer myself).

All this stuff about employers being able to do what they want is baloney. There are other options available to the company such as a job share.

You definitely need a good lawyer (in the flesh!) To help you. It's a tricky area.

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topcat2014 · 15/10/2016 07:53

Is the business on the skids? I can think of no reason for not giving payslips out - unless, for whatever reason, they haven't run and reported a proper payroll each month as they are legally obliged to.

Are they trying to fund the business by not paying over the PAYE or something.

Agree with PP that hours can be changed provided appropriate notice is given. It's shitty, of course, but the business has to be allowed to change so that it can continue. Think of the reverse, if business dropped, would every employer have to keep all staff on full time until the cash runs out.

Good luck OP.

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aliceinwanderland · 15/10/2016 08:00

OP - I just realised that your son has ASD. I think you might also get protection under the Equality Act as you have an association with a person who has disability.

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witsender · 15/10/2016 08:00

If your new contract has your new hours this is no longer a request for flexible working being declined. That ship has passed. These ARE your hours.

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aliceinwanderland · 15/10/2016 08:02

You might also want to post in legal matters. Some excellent mumsnet lawyers over there who specialise in this stuff.

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Mouikey · 15/10/2016 08:05

You need to get proper advice and sadly if you're not in the union already they are unlikely to help as you cant have a pre-existing issue when you join, however they may offer some informal advice if you join.

Whatever happens DONT start doing the new hours as this would be tacit acceptance of the amended contract. They should also put it in writing and there should be a consultation period. I would write to the employer (letter and email) setting out what has been said, that you haven't received it in writing and requesting information on when they are expecting it to be implemented. I would also express in the letter that you require longer than a weekend to consider the change to the contract as the new contract (signed x date) was only recently agreed - you may wish to put something in about childcare (facts not emotion) and the new contract.

Contracts can be changed if employers follow the correct procedure and if an employee does not wish to accept the changes then sadly the outcome can be difficult.

Additionally (just in case) this is not deemed to be a minor amendment to your contract it is major. The trial period of the new hours is a red herring - a new contract would not have been issued if they were unhappy with the hours.

Finally if this is a large company and it is a local manager who has said this (and not HR) and only verbally (not in writing) then there maybe some other issues that you could raise (harassment:bullying etc) sadly some managers think they can unilaterally make such decisions, but they cannot and must follow correct procedures.

Get some legal advice but don't start working the new hours no matter what pressure is put on you (until you are happy to sign a new contract)

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PaulDacreCuntyMcCuntFace · 15/10/2016 08:28

Check your home insurance - you may have legal cover on it and it's common for this to cover employment disputes. If you do have the cover then there will be a legal helpline you can ring for advice and they will guide you through what you need to do. You really need a solicitor who specialises in employment law. If you have Union membership then contact your Union.

DO NOT AGREE TO ANY CHANGES - even verbally.

If you haven't had a chance to talk to anyone before going back to work and they start pressuring you, then you tell them that you have a signed contract with your hours in place and that you are seeking legal advice.

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Naicehamshop · 15/10/2016 09:05

This will be of no help in the short term but possibly in the long term. ..

Can you speak to your dcs school and push for some pre and after school care? I work in a very small school and we have started to provide this because of demand from parents. It really is expected from all schools nowadays as it's so difficult for parents to work "normal" hours without it.
I would expect all bigger schools to provide it as a matter of course.

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BowieFan · 16/10/2016 19:30

Needs of the business. Sorry, but as you entered into the job on a different set of hours and then changed them to flexi-time, you don't have a leg to stand on. Your employer is well within their rights to terminate your employment and find a staff member who can fit what they need.

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AnchorDownDeepBreath · 16/10/2016 19:42

When did you get your new contract; OP? When you requested the trial? After it had finished? Does it mention the hours you current work, or just the total number of hours?

also, they've asked you to consider this over the weekend - have they told you when they'd like this to come into place?

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PUGaLUGS · 16/10/2016 19:44

I had an awful time with a similar situation.

Previous employer asked what I thought about starting work earlier. I said I couldn't. Didn't hear anymore. After the summer break (secondary school receptionist) they announced the new opening times of reception. I had to have various meetings with HR, it was awful. I had been there 7 years. They cited "needs of the business". My argument was that Heads of Years didn't start at the time of the new reception time which left me open to disgruntled parents, also I still had a school age DS at home and I liked to make sure he was up before I left, my reasoning wasn't good enough.

Luckily I applied for a new job which had my old start time but going in the opposite direction and away from the traffic and I was successful. I haven't looked back.

I really feel for you OP.

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cathf · 17/10/2016 16:48

Needs of the Business trump everything. At the end of the day, although unfortunate, the business is there to serve its customers not fit in with staff's childcare needs.

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RichardBucket · 17/10/2016 17:44

You poor thing. Please do follow previous advice to keep everything in writing (even just for yourself - like a diary) and seek legal advice.

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