The day after my contract ends

[DiscardedTool]

So work have bought in a new contract with hours that some people can't do. We've done the whole consultation joke and the appeal rubbish. My notice that my contract is ending is coming to an end. Today i find out when my contract does end im automatically classed as being on the new contract that I can't work. Its not a case of wont do the hours, i cant, no childcare at 10pm for example.

I thought once my notice ran out id be free jobless. But now it seems they have me in a trap. I either hand my notice in, turn up late and leave early for the hours they want me in, or continue to do my old hours till i get warning... written warning and sack.

Solicitors are taking the case for discrimination and unfair dismissal but they are shut so i cant get advice on this till monday and it'll drive me crazy.

What are my options?

have you been on a fixed term contract, a roiling fixed term contract or a permanent contract? did the contract actually specify hours of work and was there a clause about the e employer being allowed to adjust the terms according to business needs?

best case scenario is that if all the possible options line up correctly, they should be obliged to make you redundant (and pay you redundancy money) if the job that you were employed for no longer exists. this will only be the case if your contract gave you reasonable expectations of permanent Ts&Cs that have now changed. if your contract has enough get-out clauses they will be able to wriggle out of that.

Hmm im not sure. The contract i signed 12 yrs ago said any hours between 8 and 10, but ive never done those hrs, and yes it says about business needs.

Initially they were saying we werent getting redundancy because they were offering us other hours, but the hours they are offering me arent suitable.

ok then you will be relying on "custom and practice" which is a bit less clear cut. the law does allow for implied Ts&Cs to be established which aren't in a contract if they happen regularly and reliably for a long period without implication that this is being given ex gratis. You'll have to prove that having your hours set as eg always 8am-4pm has been established and regular for years AND that there has never been any communication oral or written that this is being arranged for you as a favour or kindness without commitment to keep it that way always. that is going to be difficult to prove as you can't prove a negative but it is for you to establish that this has been an established and reliable expectation. if there are any emails saying "DiscardedTool's shift is always 8am-4pm" for example then that would help.

If I understand your post correctly youve been through a consultation period and then the appeals procedure and the outcome of those have not been found in your favour and so from Monday you are now on the Companies new T&Cs??

Following consultation you have the option of resigning or following the lateness/absence procedure as you mentioned.

Have you signed any paperwork..letters, new contract?

Ive not signed anything, esp not the new contract no, not even the people who opted in have been given one yet. From what I understand yes, on the 7th I'll be on the new terms and conditions and hours.

I mentioned implied terms as part of my appeal, it was ignored. Ive emailed hr to ask what exactly they are proposing i do on the 7th, but im guessing they'll be as quiet as they have been the whole way through, not replying to my questions.

Which is considered best by outsiders/tribunal looking in? Handing in my notice after the 7th, handing in notice before the 7th, or waiting for them to sack me for being late/doing wrong hours.

If your current contract ends (and you are therefore no longer bound by its terms) and you have not signed or accepted the new terms, I’m not sure why any notice period would be necessary.

I think you would have to resign under protest and make clear in your resignation letter that this is a forced constructive dismissal by changing the terms to hours that they knew are unacceptable and were clearly told so in consultation.

if the reason that the new hours are unacceptable are to do with childcare (you mention childcare being unavailable into the evening) then wrongful discrimination against those with caring responsibilities, which is illegal, has also contributed to this wrongful dismissal.

you would then need to take them to court to prove all this.

realistically though it is worth balancing what you can hope to gain from pursuing this with what it will cost in time, lost earnings, reduced employability (if your employer can tarnish your name with other potential employers) and legal costs.

whether it is worth it depends to some extent how difficult it is going to be to secure a different job that has the hours you need at the same or better pay.

your time and efforts might be better placed job hunting rather than teaching this dinosaur employer the error of their ways.

Ive secured another job so im not worried about that, plus I've got references from line managers etc rather than hr.

Im so very tempted to take it to court. Very tempted, i want to annoy them as much as theyve annoyed me.

The image they try to give the customers is one of 'for the mums' and doing this has alienated the mums who work there. Those with older teenagers are ok, not happy, but ok. Theres only one mother with a young child ok about it because her husband works there and they are on opposite shifts which covers their childcare.

If you’ve got a new job it’s unlikely to be worthwhile pursuing it. Although there could be potentially an indirect discrimination element, if the new hours can’t be sufficiently justified, there would certainly be no point claiming unfair dismissal as compensation is only based on financial loss, meaning unless the new job pays significantly less, your losses will either be nil or small enough that it’s not worth it.