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.

"pretty sure they cannot make you redundant and then rehire you to do the same job so please check that out with someone who knows, surprised that has come from a union rep tbh."

This^. In a previous job I managed a team undergoing redundancies. I am sure the job has to be redundant- yours isn't. My MIL won a tribunal when she was made redundant years ago and then a couple of weeks later the same job was given to someone else! Constructive dismissal.

If your contract is over four years old, it's classed as permanent.

So what is the legislation on that? When I worked in the university system it was common to keep renewing temporary contracts. Universities were advised not to keep doing this however as after four years the position was deemed to be one that should be permanent and the employee should therefore have the rights of someone on a permanent contract, rather than continually having an annual contract renewed.

Unis got round this by giving 9-10 month contracts and booting staff out over the summer months, then renewing come Sept/ Oct but then they are wankers.

I’m a union rep and football mum is correct. You would not get a payout.

If your contract is over four years old, it's classed as permanent.

Absolutely not true! Please don't give legal advice that is not correct.

I think that the confusion over the '4 years' relates to the period that extensions to fixed term contracts would be seen as permanent. It's irrelevant in this situation though, and regardless, if a fixed term contract extends beyond 2 years, then redundancy would apply.

I was temporary full time and because of budget cuts I was told there were only part time hours for me. I contacted ACAS and they advised me that because I'd been there over four years I had substantive rights. I went back to my employer and was given a permanent contract.

That is quite different to OP's situation though.

I can't recommend ACAS highly enough. In the past I had my own business and several times I contacted them to get clarification of the legal position of matters relating to employees. They are excellent,

Think the 4 years thing comes from this:

"Any employee on fixed-term contracts for 4 or more years will automatically become a permanent employee, unless the employer can show there is a good business reason not to do so."

www.gov.uk/fixed-term-contracts/renewing-or-ending-a-fixedterm-contract

@T0getherindreams any update?

Calculate your redundancy and see if you'd be better finding another role. After H's stirring and HR's response and your manager's unhelpfulness you may be better off - because you aren't going to want to work with H are you.

THERE WONT BE A REDUNDANCY

Any update op?

Well. Don't show people your payslip. And don't sign anything until you've spoken to an employment lawyer or ACAS.

As for work: your manager is spineless and I'd let them know I wasn't impressed with how they have handled this. Do you do 360 evaluations? that's a good time to mention this kind of thing.

colleague: well. That depends how closely you work together. Do you have to provide backup for each other (holiday etc?) if so, ruthlessly professional but absolutely don't put yourself out for her. If not: I'd probably make it clear, somehow, that they weren't to come near me on pain of a tongue lashing. Apparently I'm good at giving off that vibe without actually saying anything.

And deffo get the minutes of the meeting and ask HR if they see any problems with people discussing your salary/Benefits.

Aside of that, not much you can do

Don't sign! Unless the company agrees a whole new deal with the unions then you stay on your existing contract. It's not at all unusual to have groups of staff on different terms depending when they joined, it's just how things are. Your contract is the agreement you signed up to at the time you started and it stays until you leave. She's just jealous!

No advice but I'm with you on this. What a spiteful bitch!

Wow what a bitch!
Any update OP?

Would love to know the name of the company 😁

I couldn't get worked up about losing the £40. However there is so much going on here that is unprofessional? You showing her your payslip and your boss telling you the new contract is down to her are examples of this unprofessionalism.

Seems like the pot is being stirred?

I singed a new contract few years back with “flexible” pattern. Promised this and that for doing it, promotions etc but got nothing. They implemented the new hours and ended up working until midnight for no extra pay. Who’s the mug lol anyway READ THE TERMS before you sign.
My advice would be to keep your current contract, they never make changes for the better when it comes to terms

Are you the only employee being asked to sign a new contract?

So working unsociable hours is £20 ph? What is their definition of unsociable? Would this be before or after a certain time - say before 9am and after 5pm?
I would say that this is not the same as working weekends or bank holidays that are often paid at a higher rate beyond the week day overtime rate.

Any update op?