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Joined: Jan 2009
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OP
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Thanks for the advice all, I think my first stop will be to head to the Wallasey CAB. As mentioned above, haven't had much joy with Birkenhead CAB tbh! I have spoken to ACAS, who advised me to keep a record of everything I feel is out of order, but they advised that before I could take this any further I would need to collate the information to raise a grievance provedure with my employer - seeing as how the issue I have is with my actual boss I would feel pretty uncomfortable doing that! I do have an account with my bank which I pay for each month, not sure if it has that service though, will have to check it out
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Ok, a lot of this depends on your contract with them. What does your contract say? 6 days a week? or have you got a fresh contract stating that until May you are only available to work fewer days a week.
However, also on the other hand, you have been there 2 years. As long as your not on a probationary period still (which after two years I wouldnt of thought so) after 12 months of employment, you have full employees rights (which means they cannot JUST fire you). this means it would have to be very horrendous for them to do this (i.e. gross misconduct).
What does your contract say about how much sick leave your allowed to take before you get disciplined for it? For example mine is 3 times in every given year (this would be without a doctors note). However the first one can be ruled out as you had a doctors note (they are not able to say anything regarding this). The second one is questionable, however with a self cert and 1 'unexplained' (by the doctor) absence - this is not just cause to fire you.
It sounds and though you are getting picked on, but stand your ground - and I would advise that in future you get it in writing that they are allowing you to work part-time until such a time that you can return to full-time hours.
However they cannot sack you on this term alone, and they cannot use your sick leave either (as there is too few). If I was you, yes go to the CAB but write a diary of everything that is said and happens in a day with regards to the 'threat' to your job...it will come in handy if you do have to go for unfair dismissal.
I hope I have helped.
(all this information has come from a person in a managerial position)
![[Linked Image]](http://www.images.wikiwirral.co.uk/forum/8325.jpg) Nikki Abbo!  Life isnt a practise,you have to get it right first time!
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Joined: Jan 2009
Posts: 165
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OP
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Joined: Jan 2009
Posts: 165 |
When you reduced your hours did your Contract of Employment change to reflect this? or do you have anything in writing that you changed your hours and they were happy with it? there should be something on your employment record. ACAS are very helpful andn the number is on the post before mine. If you feel you are being victimised maybe you should start to keep a record of incidents. Good luck.
When I reduced my hours my contract stated 40 hours minimum, but this was only given to me a couple of week before I reduced them (we hadn't had a contract whatsoever up to that point). I asked at the time that this be changed to reflect this and was assured it would be changed at a later date, which I still don't think it has been. However, from what I've read online because I've worked these reduced hours for over 3 months this becomes a verbal contract anyway and shows they have been willing to let me do this, thus negating what was previously agreed? Not sure how correct that is
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Joined: Jan 2009
Posts: 165
Enthusiast
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OP
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Joined: Jan 2009
Posts: 165 |
Ok, a lot of this depends on your contract with them. What does your contract say? 6 days a week? or have you got a fresh contract stating that until May you are only available to work fewer days a week.
However, also on the other hand, you have been there 2 years. As long as your not on a probationary period still (which after two years I wouldnt of thought so) after 12 months of employment, you have full employees rights (which means they cannot JUST fire you). this means it would have to be very horrendous for them to do this (i.e. gross misconduct).
What does your contract say about how much sick leave your allowed to take before you get disciplined for it? For example mine is 3 times in every given year (this would be without a doctors note). However the first one can be ruled out as you had a doctors note (they are not able to say anything regarding this). The second one is questionable, however with a self cert and 1 'unexplained' (by the doctor) absence - this is not just cause to fire you.
It sounds and though you are getting picked on, but stand your ground - and I would advise that in future you get it in writing that they are allowing you to work part-time until such a time that you can return to full-time hours.
However they cannot sack you on this term alone, and they cannot use your sick leave either (as there is too few). If I was you, yes go to the CAB but write a diary of everything that is said and happens in a day with regards to the 'threat' to your job...it will come in handy if you do have to go for unfair dismissal.
I hope I have helped.
(all this information has come from a person in a managerial position)
My contract does state 40 hours, but as mentioned above I'm not sure if it applies anymore as they have willingly let me work 30 odd hours a week since August, i.e. more than three months and so equating to a verbal contract? Not sure how accurate that is as I did read it online. But there is nothing in my contract about entitlement to sick leave at all apart from if I don't notify them within the first fifteen mintes of my shift that I won't be in I'm subject to disciplinary action (which I did do).
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