Work situation wwyd

[T0getherindreams]

Ok, Long time reader, first time poster.

I have a serious work situation and I don't know if it's unreasonable for me to be so angry. Not angry really, absolutely furious. I have no idea how to handle this and looking for opinions.

I'll be as brief as possible.

I work for a huge, massive, gigantic company, one you've all heard of. I jave worked here for 14 years. A long time colleague, 12 years or so, has just fucked me over for no obvious reason.

Everyone in my department (including my colleague in question) gets a shift allowance, it's a sweetner for being on call over certain weekends.

Because my colleague (lets call her H) has been on long term sick, left, came back on another contract, her on call allowance is less than mine. I don't know why, same job, but she signed up to a new contract when she came back.

Now, two years ago our department stopped routinely working weekends and since then all new starters are on the contract which H signed. My boss at that time said he wanted flexibility to allow for weekend work if necessary and I had no objection to being called in so he left me on my old contract.

Today he called me into the office first thing, first day back from my leave, and asked me to sign a new contract. Apparently H has been emailing HR about me and saying it's unfair I get paid £40p/m more than her because I'm still on the old contract.

My boss said he's sorry but she has made so much "noise" that HR are now on his back. He said she brought the issue up in a staff meeting while I was leave last week, so everybody knows it's her anyway, and he's not being unprofessional in telling me it was her.

I'm fucking fuming, she gets nothing out of this. Nothing. She has messed with my pay just because she could.

No massive back story, no drip feed. I thought we were good work colleagues, even helped her get out of major trouble a few years back.

No idea why she would do this.

What do i say when I see her tomorrow.

Aibu in being so angry?

What would you do now?
Sorry for the long post.

Employment lawyer here OP. Your union is wrong about them making you redundant. However they can serve you with notice to terminate your existing contract and offer you a new contract on the new terms. If you reject the new contract your employment will terminate and you won’t be entitled to a redundancy payment.

My advice would be to go to HR, tell them you’ll sign the new contract but not for 12 weeks (your statutory notice period given your length of service). I reckon they’ll go for that and you’ll at least keep your shift allowance for another 3 months.

It's a shitty situation, but I don't think her actions are personal, she's just using you as an example to make a point...yes, she has 'thrown you under a bus' to try to make a personal gain and get her own money increased, I would imagine....as previous posters have said, seek union advice or advice from a HR expert...as for her, you just have to remain professional with her no matter what...but no more than that

you can’t be made redundant and immediately reemployed in the same position on less favourable terms

This is true, because it’s the position not the person that is being made redundant.

I have contacted my union and basically been told that if work really wanted to, they could make me redundant and offer me a new job on the contract H is on, it might be unfair dismissal but it would be up to me to persue it.

But they could make her position redundant - with the weekend working stuff, as it seems that no longer really applies - and as part of the redundancy procedure offer her an ‘equivalent’ job in the company but on the terms for that job = new contract.

If OP then refused that ‘offer’ they’d have to make her redundant and pay her redundancy compensation. But then OP would be out of a job!

I dont think she was hoping for a matching contract. There is no way that would happen, too many people would be involved for a start. And no conversations of that nature have ever ever taken place.

Her contract pays enhancements for un-social hours. Mine specifically mentions weekend working.

Back in the day my rota would sometimes be changed from Mon to Fri and show Tues to Sat for example. Hense the extra allowance.

So I bump into H in the car park tomorrow morning, what do I say?

Why why why would you deliberately mess with a colleagues pay!

I'd be fuming and I'd completely ignore her tbh. You could confront her but I think it'd be pointless. Just ignore her from now on, she's no friend.

The union person sounds like a idiot, you can't make someone redundant and then rehire them... that the whole point of redundancy the job is redundant so you can't be rehired. Also they would have to pay redundancy. They would have to do "restructuring" but restructuring one job is not a restructure. Call acas for some proper advice or go higher up the chain in your union.

She didn't do this to do you over she did it because she thought she would get more money and thought this was her way in. Sadly she should have seen the rout e they are going down is cheaper than trying to them stop lots of staff moaning about the shift allowance. Your manager is weak.

So I bump into H in the car park tomorrow morning, what do I say?

Wait for her to say good morning? Then at least you can reply “No, not really. Manager says HR are reissuing my contract because you used me as an example.” Then do a Paddington Hard Stare.

I worked for a really large company who had a similar change with bank hol working and pay. When they brought in the new contracts everyone stayed on the old one who was already on it and any new staff coming in went on the new one. They obviously preferred the new contract staff coming in to work as it cost them less. Any major changes to working hours or pay would have to go through consultation I think so unless your boss was supposed to change you and didn’t I doubt he could go and change it now

Her contract pays enhancements for un-social hours. Mine specifically mentions weekend working.

So is she only getting the enhancements when she works the anti social shift? Where as yours is guaranteed?

I think it's out of order to much around with someone's pay but I can see things like that would build resentment in the team given the right poking!

I don't think I would say anything to her I would have a perfectly polite but completely professional relationship with her now with as little contact as I can get away with!

Not quite the same situation as you but I found out today that a colleague of mine altered my timesheet as she didn't agree with two 30 minute overtime shifts I had worked. We are a small company and the lady who does payroll had no idea it had been altered by another member of staff. She has even taken photos as evidence!!! No union so not sure what do to next but I agree OP what gives colleagues the right to mess with someone else's pay?

I'd ring ACAS for advice. I found them very knowledgeable and helpful a few years back when I was faced with redundancy.

As for your bitch work colleague, I think I'd be tempted to say. "Thanks for shafting me. Don't ever expect any help from me again." And then just completely blank her.

The meeting in question was a bi-monthly strategy meeting, there would have been about 20-25 department heads, of which H is one. I am another. I have no idea what exactly was said in the meeting. But surely discussing my contract details with others was way way way off being appropriate.

Just furious! Sorry I know there isnt any real solution. Just very very angry.

There is a lot of assumptions on here and a lot of wrong advice. @footballmum is correct. No, they can't make you redundant and then hire you in the same position. But they can offer you a change to your contract and if you refuse it then they can dismiss you and you would not get redundancy. It's done a lot - the term is 'Dismissal and re-engagement' It stinks, but it's legal.
You should talk with your union, they should be dealing with this for you - saying that you need a notice period for a change of contract, that would usually be three months. After that you would be on the new contract.

Put in a grievance against H. Ask the union how to do this and on what grounds would be most effective.

BTW, her disclosing your salary to your colleagues is against GDPR. So I'd make a data protection complaint. That might be your best grievance grounds.

Also, don't sign. Just don't. At least not until the grievance has been dealt with.

Do you know if there is anyone else who has a similar contract to you. Not that I think you should mention them by name like your colleagu did but just as an example as if there are more than you shouldn't they all be changed. That would be a lot more work for them rather than upping hers by a relatively small amount.

I would be as coldly professional as you can be, OP. Do not give her any ammunition to try anything else. Do not trust her one bit. You may never find out what on earth she had in mind. But just keep it cold, polite and neutral.

She may get her comeuppance one day. In the meantime, I would quietly cast around for new jobs. Although nowhere is perfect and you'll get some degree of shit anywhere, I would be very wary of this woman. She's backstabbing, your manager is spineless and she's got HR listening to her.

Most important thing to remember is to be professional to her at all times. Be so professional that there is practically no soul behind your words and no emotion behind your face...think stepford wife.
It'll just make her feel uncomfortable but you aren't doing anything wrong.
I would casually mention to her (in conversation) that you are being forced to accept a new, lower paying contract because someone complained. Don't assign blame or be nasty with it. Be Stepford at all times. Say it with a sickening smile.

Is that not forgery/fraudulent Mum?

Surely altering someone else's timesheet is a sacking offence - and if there is evidence you can do something about it.

It is bloody disgraceful!

I am furious for you. Why would a friend mess with your pay. Only an enemy would do that,

They can definitely offer a change of contract and dismiss you if you refuse it. Happened to some on old contracts at the Sainsbury’s I worked at a couple of years ago and I’m certain this is what’ll happen to you

This isn't H's fault. She is pissed off because you are getting more for doing the same job.That is human!
If you hadn't rubbed it in her face by showing her your payslip, none of this would have happened.

Say you will only sign if they give you a raise

But how much does he earn?

I could work the equivalent of 2 hours a day and would earn £600 a week, that might give the impression that I was doing nothing?

whoops wrong thread!

It is H’s fault, she has chosen to be unpleasant to OP in a way designed to make OP suffer, without even any benefit to herself. She deserves your 10/10 OP, but you’ll have to play it cool unfortunately, tho H will obviously never get your cooperation, backing or favours ever again.

On the advice from your union, it’s rubbish. Redundancy isn’t relevant unless the job actually is falling away, and they would have to pool you with other people doing the same role and score you, which is unlikely to take into account a condition of this type. Plus they’d have to pay you redundancy which would be material as you’ve been there so long, lose a good, loyal employee and destabilise everyone. Basically your manager is hoping you will cave so he can have a quiet life, so the appropriate answer is “no thank you. I’m happy with my contract and don’t wish to have a change in terms with no external justification and on which I will be less well off”.
Of course, if they want to make it worth your while, that is a different conversation- which you would of course keep to yourself!