Depends what u want, I work for a law firm in Wolverhampton and we have lawyers that do this type of work. Usually about 100 quid per hour cheaper than London lawyers and will do just as good a job.
My wife has worked for her company for 23 years. Her shift was 3 shift rotating 6-2, 2-10,
10-6. The company want to change her shift from this onto a flexible continental shift that is 12 hrs long and includes weekends and bankhols, this would be unworkable for us with child care,
They are not offering redundancy they are saying they will terminate her contract after 90 days and put her on the new one, if she then says that she can't do it she will be making herself un employed.
Seems unfair to me as I believe that all though changes can be made to your contract regarding hours, it can not be biased more to one side than the other.
My wife has worked for her company for 23 years. Her shift was 3 shift rotating 6-2, 2-10,
10-6. The company want to change her shift from this onto a flexible continental shift that is 12 hrs long and includes weekends and bankhols, this would be unworkable for us with child care,
They are not offering redundancy they are saying they will terminate her contract after 90 days and put her on the new one, if she then says that she can't do it she will be making herself un employed.
Seems unfair to me as I believe that all though changes can be made to your contract regarding hours, it can not be biased more to one side than the other.
Does she have a case for constructive dismissal
I dont know anything about law but a few year ago the same thing happened to me. Only I went from a day shift to a 3 shift system.
There was nothing I could do about it. Several people had the same issues as you, me included, we were told to basically to lump or find something else.
As Kap says this is employment law, not contract law.
No self-respecting lawyer will give you advice on the basis of a few paragraphs like that. She'll have to see a lawyer. If she's in a union, that would be the best place to start. If not try ACAS a Citizens Advice Beureau or look up local solicitors and see if any of them specialise in employment. There are lots of specialist employment lawyers in the centre of London but they will charge a lot.
It will depend on what is in her contract but essentially employers can not make "unreasonable" changes to contracts without agrement or pressing business reasons. But there maybe a clause that allows changes in hours to meet business needs.
As Jints says, Union (even if not a member they will usually help) or CAB/Acas
Also, check your household insurance as some will also give you legal insurance and advice and if your wife is constructively dismissed you may be cable to cover the costs of any action through your insurance.
[cite]Posted By: Kap10[/cite]Also, check your household insurance as some will also give you legal insurance and advice and if your wife is constructively dismissed you may be cable to cover the costs of any action through your insurance.
Yes, legal expenses insurance you are looking. If not, then she might worth signing up to a Union now but check their terms before committing.
Having worked in HR - my understanding is that an employer can change the working hours in your contract but it needs to be agreed with you or alternatively - they can contain collective agreement from the TU. If this is done, they don't need your individual agreement.
However, as somebody as already said- you should study the contract as there may be clauses allowing them to make changes -in which case you can't do much about it.
Employment Tribunal decisions are often based on case law and you might be able to look up the details of similar cases and their outcomes using google. If there are no clauses and there has been no negotiation/agreement with anybody - your GF could have a case. Of course she would have to be dismissed before she can claim constructive dismissal and she should register a grievance before she is dimissed -giving her employer the opportunity to correct matters.
[cite]Posted By: MuttleyCAFC[/cite]Of course she would have to be dismissed before she can claim constructive dismissal and she should register a grievance before she is dimissed -giving her employer the opportunity to correct matters.
I thought constructive dismissal was where the employer was acting in such away that dismissal was implied e.g. not paying wages.
If an employer puts you in a position where you have to resign/leave and you have no option and they have not followed the correct legal requirements- you have an argument for constructive dismissal. But as I have said- it's down to case law- if there has been a similar case that has gone for or against an individual, that will be used to decide the outcome in an ET.
" Of course she would have to be dismissed before she can claim constructive dismissal and she should register a grievance before she is dimissed -giving her employer the opportunity to correct matters. " Constructive dismissal is not when you have been dismissed; it is when you feel you have been left with no option but to resign. It is the hardest thing to prove and can take years. Only a consideration when every other option has been used up and you genuinely feel unable to continue working.
[cite]Posted By: MuttleyCAFC[/cite]Of course she would have to be dismissed before she can claim constructive dismissal and she should register a grievance before she is dimissed -giving her employer the opportunity to correct matters.
I thought constructive dismissal was where the employer was acting in such away that dismissal was implied e.g. not paying wages.
You don't have to be formally dismissed to claim constructive dismissal, in fact it exists for just such cases.
non-payment of wages or changes in duties ie making a manager clean the toilets would be extreme examples.
Yes, that is what I was trying to say but didn't word it very well and clarified- you are not formally dismissed- hence constructively dismissed and yes- if you resign because you have had no choice it is constructive dismissal if employer is deemed unreasonable. And yes it can be a very complex and time consuming process - (rememeber though - this applies to the employer too who would have to defend) but the fact that you can do it can be a bit of a threat to use against your employer if it is clear they have not followed the correct procedure.
Best advice is to talk to Union and if not part of one - join one quick.
[cite]Posted By: MuttleyCAFC[/cite]Of course she would have to be dismissed before she can claim constructive dismissal
If you were actually dismissed you could claim unfair dismissal. Constructive, as others have pointed out, is for situations where an employer has made an employees situation untenable. Good old HR.
[cite]Posted By: Kap10[/cite]Also, check your household insurance as some will also give you legal insurance and advice and if your wife is constructively dismissed you may be cable to cover the costs of any action through your insurance.
Yes, legal expenses insurance you are looking. If not, then she might worth signing up to a Union now but check their terms before committing.
Generally they will only offer some advice for the first 6 months of paying your dues. After that point they will help with the legal side of it
NLA you have had a lot of advice on here now I think you need to get some proper advice based on the facts of the case. Follow the Union,or Citizens advice or your insurance companies help line or ACAS. If you need a solicitor at any stage I can recommend one who helped me with an unfair dismissal. But you do now need professional advice.
Will depend on how old your kids are but she could claim sex discrimination. My wife used to work for the PA and faced a similar situation when returning from maternity leave, she got the NUJ on their case and was reinstated.
Also look very carefully at the way they are forcing through this change, there are strict rules they must follow which will count against them if it goes to tribunal
Comments
do have some lawyers as friends.
My wife has worked for her company for 23 years. Her shift was 3 shift rotating 6-2, 2-10,
10-6. The company want to change her shift from this onto a flexible continental shift that is 12 hrs long and includes weekends and bankhols, this would be unworkable for us with child care,
They are not offering redundancy they are saying they will terminate her contract after 90 days and put her on the new one, if she then says that she can't do it she will be making herself un employed.
Seems unfair to me as I believe that all though changes can be made to your contract regarding hours, it can not be biased more to one side than the other.
Does she have a case for constructive dismissal
I dont know anything about law but a few year ago the same thing happened to me. Only I went from a day shift to a 3 shift system.
There was nothing I could do about it. Several people had the same issues as you, me included, we were told to basically to lump or find something else.
No self-respecting lawyer will give you advice on the basis of a few paragraphs like that. She'll have to see a lawyer. If she's in a union, that would be the best place to start. If not try ACAS a Citizens Advice Beureau or look up local solicitors and see if any of them specialise in employment. There are lots of specialist employment lawyers in the centre of London but they will charge a lot.
Give me a ring. This is employment law.
It will depend on what is in her contract but essentially employers can not make "unreasonable" changes to contracts without agrement or pressing business reasons. But there maybe a clause that allows changes in hours to meet business needs.
As Jints says, Union (even if not a member they will usually help) or CAB/Acas
Yes, legal expenses insurance you are looking. If not, then she might worth signing up to a Union now but check their terms before committing.
However, as somebody as already said- you should study the contract as there may be clauses allowing them to make changes -in which case you can't do much about it.
Employment Tribunal decisions are often based on case law and you might be able to look up the details of similar cases and their outcomes using google. If there are no clauses and there has been no negotiation/agreement with anybody - your GF could have a case. Of course she would have to be dismissed before she can claim constructive dismissal and she should register a grievance before she is dimissed -giving her employer the opportunity to correct matters.
I thought constructive dismissal was where the employer was acting in such away that dismissal was implied e.g. not paying wages.
Constructive dismissal is not when you have been dismissed; it is when you feel you have been left with no option but to resign.
It is the hardest thing to prove and can take years. Only a consideration when every other option has been used up and you genuinely feel unable to continue working.
You don't have to be formally dismissed to claim constructive dismissal, in fact it exists for just such cases.
non-payment of wages or changes in duties ie making a manager clean the toilets would be extreme examples.
Best advice is to talk to Union and if not part of one - join one quick.
Withdrawn due to clarification
I know... I taught you !
Generally they will only offer some advice for the first 6 months of paying your dues. After that point they will help with the legal side of it
Has anything been signed in the last couple years revelent to new working times ?
Those that have contacted me personally i will be contacting you back in the next day or so
This case was decided yesterday: Shifts victory for working mothers which could be relevant if you go down the sex discrimination route
Also look very carefully at the way they are forcing through this change, there are strict rules they must follow which will count against them if it goes to tribunal
You can't be expected to work 60 hours per week except in an emergency