never rains but it pours....

ChrisGaskin

ChrisGaskin

Getting itchy
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Christopher
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two weeks ago, my company blamed me for an incident that has been proven as a 'hand of god' even so, without following their own procedures, they have actioned a punishment... i am now working night shift, on a shorter shift pattern, resulting in a £350 pay cut (bringing my wages to less than £950 a month). :bang:

Ive seeked legal advice and because of the small print in my contract,stating they can change my shift, hours etc aslong as they give notice, i cant do jack. if i quit i can try to take them to tribunal claming constructive dissmissal what ever the result it will cost me 1500 in legal fees, win or lose. also these have a low win rate, so i casnt even afford to try it. :thumbsdown:

my portraits work is ok for pocket money, but not enough to start up as a second income.... :(

Any ideas..?!?! :shrug:
 
looks to me like you have three options

1. stick it out and see what happens
2. advertise more for your portrate work and get more of an income from it with looking to maybe going full time with it
3. Jack in let them win and move on, this might just be for a reason, something else may be out there waiting for you.

Good luck with what ever you decide and hope it sorts itself out

Spike
 
Use your days to hunt for another job if they refuse to reinstate you on your old shift and then make it known to the office snitch so it gets back to the boss. Depends how valuable an employee you are I guess :shrug:
 
In a union? if so how good is it, if they think you have a case they will take it to court for you.

If the night shift job is one that everyone has to do in their turn then they cannot keep you on it indefinitely, if they do then they would need to show that 'you' were the only choice for the job.
By going to a tribunal, you're effectively quitting anyway so if you choose that course make sure you have the evidence to back you up and if possible somewhere else to go, though potential employers don't like it if you bring trouble with you.

A second job part time? probably get shafted for tax though.
 
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I suppose if they're using the night shift as a punishment it could arguably be considered as constructive?

Steep said:
A second job part time? probably get shafted for tax though.
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Never understood that, personally I'm not happy if I haven't increased my tax bill year on year :p
 
Ok, you say they have not followed their own procedures. Can you explain that one a little further?

You would need to prove that they have singled you out and that it resulted in loss of income and that you could not reasonably prevented the "incident"

Are you a member of a union at all?
 
Andy said:
Beg them and say your sorry?
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accidnet wasnt my fault, still pleaded with them though....

SpikeK6 said:
looks to me like you have three options

1. stick it out and see what happens
2. advertise more for your portrate work and get more of an income from it with looking to maybe going full time with it
3. Jack in let them win and move on, this might just be for a reason, something else may be out there waiting for you.

Good luck with what ever you decide and hope it sorts itself out

Spike
Click to expand...

Cheers spike, currently on the job hunt!!

shaggy said:
"hand of god"???
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basically, i work as a security guard and the vehicle barrier, that has 3 automated fail safes to stop it coming down when something is underneath, failed and it came down as a lorry went underneath it
The engineers report stated it was a mehanical fault and was unavoidable. which my company received a copy of..... and ignored.


Steep said:
In a union? if so how good is it, if they think you have a case they will take it to court for you.

If the night shift job is one that everyone has to do in their turn then they cannot keep you on it indefinitely, if they do then they would need to show that 'you' were the only choice for the job.
By going to a tribunal, you're effectively quitting anyway so if you choose that course make sure you have the evidence to back you up and if possible somewhere else to go, though potential employers don't like it if you bring trouble with you.

A second job part time? probably get shafted for tax though.
Click to expand...

im not part of a union (doh) and their is a set night team and set day team.
i went to an employment lawyer with a copy of my contract and they told me, that even though they are actioning it as a punishment and havent even followed their own listed disaplinary procedures, because it states further on in my contract that they can change anything about my shift, Yes they are in the wrong about how they are doing it, they can still do it none the same.


dod said:
I suppose if they're using the night shift as a punishment it could arguably be considered as constructive?
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thats what the lawyer said, but the sucess rate isnt very high....

BouncyMelons said:
You would need to prove that they have singled you out and that it resulted in loss of income and that you could not reasonably prevented the "incident"

Are you a member of a union at all?
Click to expand...

i cant prove it as they havent put anything in writting this has all come in phone calls and ive asked them to put it in writing and they keep 'forgetting' to do it..... i really should join a union....
 
What exactly hasn't been put in writing. If they haven't formally given you written notice of a change of shift pattern, surely you are under no obligation to act on their wishes if all you have received is telephone calls.
 
ChrisGaskin said:
if i quit i can try to take them to tribunal claming constructive dissmissal what ever the result it will cost me 1500 in legal fees, win or lose. also these have a low win rate, so i casnt even afford to try it. :thumbsdown:

my portraits work is ok for pocket money, but not enough to start up as a second income.... :(

Any ideas..?!?! :shrug:
Click to expand...

Think seriously about going down the constructive dismissal route
its not a game, I treated it like that to start with and went it alone.
and won the pre-trial hearing.

However, it soon became very apparent, although I am not stupid (:D)
that I was way outta my depth, the solicitor fees and barrister fees
left me with little change outta 7K!

I lost BTW their barrister was better than mine on the day ( well 2.5 days actually)

Although the rewards are not "outstanding" apart from racial / sexual discrimination case ( and that from a barrister)

They do have a "scale" that they work too, loss of earnings
compensation etc,
And you may well win a small amount but certainly nothing to retire on thats
for sure
 
As an employer my advice would be to either suffer and stay quiet or leave. It is very likely that your employer has some pretty hefty legal insurance that makes this type of issue someone elses problem. I know that I have and it makes tribunal matters no more than an annoyance to me and wouldn't cost me a bean to defend. You on the other hand stand to lose big style.

I know it sounds like I'm being an arse, but the bottom line is that there are so many ways that an employee can cause me problems that anyone in business is ill-advised if they thing legal insurance is not necessary. It is, and it is for a very good reason.

It's unfair but it sounds like you've upset who is higher up the foodchain.
 
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