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Rejected redundancy and now this

7 replies

jerin · 10/01/2015 14:37

I'm looking for some advice as to where I stand and whether I have any rights and what they are.....

I have been in my present job for almost 13 years, and part time since returning from maternity leave, for just over 5.

We have recently undergone a major restructure where we were all at risk of redundancy. I volunteered, was turned down, then advised that my role was never actually at risk. Between the risk of redundancy notice and being told I hadn't got it, I had to reapply for my job. A large chunk of employees were going to be offered seasonal/ part year working. On advice from the union, I applied for my current role on the current basis - part time all year.

I was 'awarded' this contract and advised that I wouldn't meet the criteria for compulsory redundancy. (Despite the job changing, a big drop in pay)
And now I'm bring told that my part time working blocks may change. I currently work on a rolling two week on, two week off basis. There are four blocks on a constant rolling pattern. My family life is planned around these working blocks. My DP has his leave booked when I am off and we are about to book a holiday for the summer. We have a wedding to attend, a weekend booked away with family, we have each booked days off to cover childcare, we plan on going away next Christmas. If they change my block- where do I stand on all this? Do I book my holiday now, for when I'm due to be not working and DP has leave or do I wait until I know. Incidentally they don't plan to tell us for 9 weeks. I'm so annoyed- we waited and saved for our first overseas family holiday such a long time and now I don't know where I stand. Not to mention the fact that having worked over the past 6 years at Christmas I could now have to potentially work another 6 or 13 before getting it off when 'my turn' had finally come.

I know the answer is to get out, and that is my plan, but in the meantime I need to know where I stand on the above and whether this would count as constructive or any other form of unfair dismissal???
Thanks for any help

OP posts:
flowery · 10/01/2015 16:05

How long have you worked two weeks on two weeks off? What does your contract say about working hours/patterns and changes to them?

if everything is up in the air and they don't currently know whether working patterns will change you'll probably find they won't approve holiday requests until they know, but you can always ask.

In terms of process, it may depend on what your contract says and how long you e been consistently working the same pattern, but basically, a company needs employees' consent to change terms and conditions, but can force changes through if there are good business reasons for them to do so and they consult fully and explore alternatives and give required notice.

MinceSpy · 10/01/2015 16:21

I think ACAS are your best bet, give them a ring on Monday.

jerin · 10/01/2015 17:32

Thanks for your replies...... I've been on this working pattern for just over 5 years now. They will definitely say it's business reasons- there are many of us all on the same pattern, In four blocks, which all have the same rolling pattern. The blocks have all been staffed to a similar level but now through voluntary redundancies and lots of people leaving, some blocks have lower levels so they need to even them out. This structure is no longer available for staff wanting part time working but us already on it have been protected from the change. But not by them changing our working weeks.

I would be wanting to book a holiday on my part time leave, during the two weeks that I'm not scheduled to work, but where would I stand if I were to book and then find out that I'm now required to work over that period? I'm only allowed 7 days annual leave but would be away for 14 days so surely they'd have to honour it?

OP posts:
Millerpup · 10/01/2015 23:15

Your employer doesn't have to honour anything unless it was prior to the announcement of the changes. In their eyes all the changes are needs of taking the business forward and they would expect you to be grateful that you still have a job.
The only thing you can do is book your holiday and submit a holiday form to your employer stating that these are the days you will be away based on prior arrangements made with your family. Ask if they will honour these dates arranged as they have been booked on your current pattern. They may accept they may not but you need to talk to them.

jerin · 11/01/2015 16:46

Thanks millerpup. So if they were booked prior to the announcement then they should be honoured?

The annoying thing is that I now won't find out what dates I'm working and what dates my part time leave is, for another 10 weeks so life is now on hold- whether we'll he able to afford or even get the holiday we want then, who knows. And if course DP will possibly then have to re-arrange his leave too....

OP posts:
flowery · 11/01/2015 17:29

"Your employer doesn't have to honour anything unless it was prior to the announcement of the changes."

No. They don't have to honour it regardless of when it was booked, as long as they give the required notice to cancel it. However if things are up in the air, the more likely scenario is that they'll either refuse to allow you to book it at this time, or might provisionally book it with the proviso that it might need to be changed later.

Nailbitter22 · 25/01/2015 11:19

Urgent advice needed. I work for Cache in St Albans. Last week I got a letter at work telling me that Cache was proposing in 60 days time to remove us from the local government pension scheme that I am in and invite me to join a company scheme with less benefits. The local government scheme is inflation proof with guaranteed final salary pension. I am a few years away from retiring but had anticipated that the lump sum due would pay off my mortgage. Now it is unlikely to.
We don't understand why Cache is doing this as last year we did financially better than the previous year. What has got us worried is that the Chief Executive and Finance Director left suddenly and replaced from an agency and not being advertised. There is concern that the future of Cache is at risk and redundancies could be on the cards.
I love working for Cache and we get very positive feedback about our qualifications which we consider set the gold standard for the childcare sector. Someone has suggested we all should join a union. Would this be sensible and which Union would be best ?

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