Can't work out if my boss has sacked me,.

[jampot]

I know I have posted about problems at work with my boss employing all his family and the issues that it creates. Well my boss has now totally confused me (I think). I telephoned into the office to get an update and after a very stilted conversation with one colleague was put through to the boss who then proceeded to accuse me of not doing my job properly listing things which are absolutely nothing to do with me. Normally I would be quite submissive but decided that I should just stand up for myself so we ended up having a 40 minute argument him throwing accusations and me dispelling them and reminding him of meetings/conversations/emails/other action to substantiate my case - in most instances he backed down. Anyway during the course of this argument he said he did not want me to work from home any more doing what I was doing and that his mum would continue doing it, so I would have to go into the office. I reminded him that at interview and several times since I have told him I have no child care for school hols and that my place of work is at home (in any event there is no room at the office). His upshot was he has no role for me if I stop doing my job (which he has told me to do). I asked him if he wanted me to leave and he said "It's nothing personal...." Obviously!
Then he turned the tables on me and asked if I wanted to stay. Can anyone tell me if I've been sacked or made redundant? I left the conversation as I was starting to get upset and told him I couldn't continue talking to him and would have to call back which I did but he was out at the time.

Ooo bad news but good luck jampot. "Hot desking" is crap, have had to do it for about 10 years now, one of the worst imports of American management style stuff.

Sorry too Jampot.....

It really strikes me that he is trying to get you to leave (constructive dismissal). He's presumably hoping that you'll get so fed up with hotdesking and doing admin work that you will leave. He is also unilaterally changing the terms of your contract - terms of a contract do not have to be in writing. It was agreed that you would be marketing manager - you have been doing this for the last 2-3 years and now he suddenly wants you to do something else. It doesn't matter that your job title is marketing/admin. If you haven't done any admin for the greater part of your period of employment, the title is meaningless.

Doesn't all this come on top of your exclusion from a work-related social event???

it certainly does Freckle. I have been expecting this I think even though I am sure some people thought me paranoid, so I suppose to a degree I am sort of relieved. I honestly expected our "marketing meeting" to be one where I got my P45 and not discuss marketing activity. In the last 6 weeks he has had me (insisted that I do this) driving round social clubs and asking them to put our posters on their walls. I explained this was pretty futile and completely uneconomic (plus downright tacky) but he insisted I didn't even phone first. Now today he said that "nothing you've done in the last 2 months has brought much work in". Please bear in mind I work for a firm of Personal Injury Solicitors which is tack personified.

Well, I'd keep detailed notes and get prepared to take him to an employment tribunal for unfair/constructive dismissal, depending on how things progress.

Thanks Freckle - you've been really helpful (as always)

Agree with Freckle - keep it all written down in detail and collect as much factual backup material that you can to substantiate any case that might arise, written memos, even post it notes.

If you love your job enough to put up with your nasty boss you are going to have to fight for it. If you know the tactics your boss is giving you will not result in you doing your job properly (ie. inefficient time spent putting up adverts in wrong places) then I would back yourself up by putting your concerns about this strategy in writing and ask for a meeting to put forward your own suggestions. At least then if he claims that your work output has been low, you have an immediate black and white get out clause. Just a thought

Spent my first day in the office yesterday and boss's sister came in really cockily and chomping on her chewing gum, she said to me "well being as though your in the office now, I think I;ll work from home til January, and being as though you're now doing admin, you can take the shitty jobs from me" to which I laughed at her and said "Says who?" "XXX, he is the boss you know, if you have any issues take it up with him".... followed by "See, you don't like it do you?" oooh touchy. "For £X an hour I don't care what I do" said I.

I dont think its that she loves the Job so much as it's the principle of it, why should she leave, they'll have to sack her (unfair dismissal etc), they are just rying to make it hard for her to stay, I'm with JP, give em sh*t, keep biting the bit, and nooying them by doing your job well.

sorry you are having probs at work, jp. what i have heard from employment law solicitors is that you get more sympathy (i.e. more chance of a successful claim) at employment tribunals if you are sacked and claim for unfair dismissal rather than walk out and claim for constructive dismissal

Keep a record. Everything, even if it seems childish and stupid. This all seems like they are trying to get you out and that could leave you with a case for constructive dismissal imo.

As they haven't given you any objectives etc then it'd be hard for them to dismiss you on grounds of not doing the job (not the right legal term but you get the gist) so unless they do a redundancy or you give them cause for a gross misconduct type complaint, they only have this avenue to go down.

A copy of an email circulated today to all staff members:

"Further to L's email, as you are aware Lisa is now working from the office on a permanent basis (albeit part time). As matters are a bit stretched in terms of space at the moment until we move. A will be doing a fair amount of the Cashbook/Banking/Accounts work from home whilst she and Lisa are sharing a desk and pc.

L has already explained that the immediate need is for Lisa to help in "converting" the numerous matters where we have received new instructions although for one reason or another the clients have failed to provide a signed CFA supported by ATE insurance. Therefore, Lisa will primarily be attempting to bring all/most of those clients on board within the timescale set out in LG's note, and this will (hopefullly if we keep getting enquiries) be an ongoing necessity. However, Lisa is also going to be helping A with Admin tasks such as stationery orders, office supplies, file audits (getting files out as required), as well as helping with general clerical duties such as opening and putting up the post (when she is not carrying out primary role of getting clients on board as above). This does not mean working as an individual fee earner's assistant in copying post, taking calls etc but more general office tasks which some fee earners are doing for everyone on top of their own work.

A will carry on with Accounts duties as above but as she will not be at her desk as much can anyone who spots a need for supplies (before they run out!) tell A & Lisa by email what is needed so they can order it (and they can then tell each other what has been ordered).

If we follow this I think it will work o.k. for the timebeing."

obviously have substituted other staff names for initials. What do you think - highest paid office junior ever???

Certainly seems a demotion in terms of actual duties, compared with what you are used to doing. If you are happy with the money/job, put up with it. If not, you'd have a good case for constructive dismissal, especially when coupled with the comments you posted earlier from boss's sister and the social fiasco.

JP as I said last night, Admin, yeh you will be the highest paid junior, it really sounds like the job you do when you leave school and join a company, you get all the sh*t jobs etc.

Convienent that his sis can work from home.

Big hugs from me, you know that

Freckle - as I explained many times (sorry for being boring!) I really think he's trying to get rid of me as he keeps changing the goalposts and my job/duties etc and making my life unbearable so I am just sitting it out waiting for him to actually make me an offer. Will all this help me if he sacks me? And more to the point, can he reduce my salary bearing in mind he never increased it to do the marketing job?

It all boils down to your terms of employment. Now these don't necessarily have to be in writing, although, from an evidential point of view, it helps. Terms of employment can be deduced from how you have done your job over a period of time.

If your employer tries to unilaterally change your terms of employment, he is, in effect, in breach of contract. Unless you agree to the change. If you don't accept the change, you need to let them know in writing as soon as possible as the absence of any written objection can be taken as tacit acceptance.

So, what you need to look at is - what were my original terms of employment, how has he changed them, am I happy with the change, what outcome do I want? If you want to keep this job, then your options may be more limited in that, taking action through an employment tribunal is unlikely to see you in that job in the future. If you aren't particularly bothered about keeping this particular job, then you have more flexibility in how you deal with the situation.

It is important that you send your employer a letter setting out whether you accept the change in your terms or not. There are new grievance procedures which came into force on 1st October 2004 and, if you don't follow them, you will fail at an employment tribunal (or at least have any award reduced to reflect this).

Keep detailed notes of everything which you feel impacts on your job and take any action swiftly to avoid the appearance of tacit acceptance.