Can my girlfriend fight to keep her job?

Camalot

Camalot

Camalot

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Joined
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Hi guys,

The company my g.f works for has been pulling people in for meetings and changing people hours. They are trying to change her hours and days to times she is not available.

Now, the word is, on Thursday they are pulling her back in and pretty much saying agree or your gone.

So,

a) Can they actually do this?
b) If not, how best to prepare her for Thursdays meeting?

She doesn't do many hours, but we need her income!

Thanks.
 
Well that sucks. Hope there's some employment specialists on here to help.

What type of contract does she have?
 
I'm pretty sure they can,my company can do this and it's the biggest supermarket in the uk.....right time right place kinda thing :)
 
If they are trying to chnage her working times and days to days she isnt available and saying agree or you are gone, then that sounds like constructive dismissal. Get her to speak to ACAS, its free.
 
What does it say in her contract bud?

My wife works for the NHS and they gave her 6 weeks notice for a change in contractual hours - long enough to "adequately rearrange childcare issues".

If she fights it will she risk becoming labelled as a "trouble maker" by the management? I raised my head above the parapet once and ended up being very well managed out of the company. Being young I had no idea what was happening.
 
I've asked her to bring her contract home.

The company hates her, always treat her different and it feels like this is just another way to get her out.

She gets written warnings about not covering up tattoos, yet other people with worse tattos never get spoken to.
She gets pulled up on uniform, others dont
She gets kicked off her breaks and banned from them, while the manager and others all go to fag shelter after 1hrs of work.

The whole company is full of bullies. We sent of a complaint about all this to the head of HR and never got a reply!

Part of me says, just leave, the company is crap. The other says, don't let them win!

She works really hard to.
 
Camalot said:
I've asked her to bring her contract home.

The company hates her, always treat her different and it feels like this is just another way to get her out.

She gets written warnings about not covering up tattoos, yet other people with worse tattos never get spoken to.
She gets pulled up on uniform, others dont
She gets kicked off her breaks and banned from them, while the manager and others all go to fag shelter after 1hrs of work.

The whole company is full of bullies. We sent of a complaint about all this to the head of HR and never got a reply!

Part of me says, just leave, the company is crap. The other says, don't let them win!

She works really hard to.
Click to expand...

Is she keeping a log of all this, as this is bulling in the work place. :(

Speak to ACAS, dont listen to us off the interweb, as we are not employment lawyers.
 
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I had this issue a while back they stripped all my hours back to zero just rang when they wanted me and then tried to fire me. worked for Tesco at the time whilst I was at Uni.

rang the head office (try and get as far up the food chain as possible) and told them I felt bullied, manipulated and that the management didn't like me and discriminated about the way I looked (stretched ears even moaned when I had no jewellery in them) my manager got royally shafted by the big dogs, surprising how nice everyone was after that

if she's not going to be able to work the new hours surely its worth kicking up a fuss as she will be out a job anyway.
 
Sounds like a case of bullying or a least discrimination. Get some help from people in the know man. Could be a case for an employment tribunal if she does end up being sacked.
 
Camalot said:
She gets kicked off her breaks and banned from them, while the manager and others all go to fag shelter after 1hrs of work.
Click to expand...

This part at least potentially breaks employment law unless they are allowing more than the legal requirement as standard.

A worker is entitled to an uninterrupted break of 20 minutes when daily working time is more than six hours. It should be a break in working time and should not be taken either at the start, or at the end, of a working day.
Click to expand...

http://www.hse.gov.uk/contact/faqs/workingtime.htm
 
Afraid you might not have a leg to stand on, as far as I know the company has rights to change hours/days of working as and when they see fit and that will probably be mentioned somewhere in the contract

Given the bulling nature I think it would be best if she moved on and found somewhere she is more appreciated, given that it's cleaning work there is plenty about.
 
murah said:
Afraid you might not have a leg to stand on, as far as I know the company has rights to change hours/days of working as and when they see fit and that will probably be mentioned somewhere in the contract

Given the bulling nature I think it would be best if she moved on and found somewhere she is more appreciated, given that it's cleaning work there is plenty about.
Click to expand...

That will depend on all sorts of things such as notice period but in a previous job of mine I was given 12 weeks notice of change to my hours and was given 3 options.

1: Accept
2: Leave
3: Pick 1 or 2

I consulted ACAS who advised me basically that my only options were as the company had advised, I picked 1.
 
When she first applied did she state what days and rough times she could and couldn't do? If so, I would assume that they cannot change them to those hours as you had agreed otherwise.
 
That doesn't sound like a job worth fighting for to be honest, I'd see it as a good time to move on and find a better working environment.
 
Her contract will have a clause that allows the company to change her hours as the business requires but there will be a notice period. My place is currently working through its 2nd shift change.

Any point in me asking if she is in the union?
 
Camalot said:
She gets written warnings about not covering up tattoos, yet other people with worse tattos never get spoken to.
She gets pulled up on uniform, others dont
She gets kicked off her breaks and banned from them, while the manager and others all go to fag shelter after 1hrs of work.
Click to expand...

She should think about her own behaviour - leave other people's HR issues out it. Many times you will not be aware of what is happening around discipline involving other members of staff, but it shouldn't matter because it's not really any of your business. Just follow the rules as laid out by the company.

There will most likely be a dispensation in the contract that talks about varying the hours worked as required for the benefit of the company with a notice period. This is very unlikely to be a constructive dismissal point, and if your girlfriend would like to keep her job would be wise to go along with it.

Of course as others have said she could use it as an opportunity to move on to a better job but there's always a risk involved there.
 
Before I can give you definitive I'd need to read through her contract but from what you have said you've got a case.

Is she in a union at all and how long has she worked for the company?

From what you have said if she can gain some evidence of the harassment then she could file for constructive dismissal.

Dramatic changes of hours and or duties fall under this, claims of bullying if they can be proven will further strengthen her case (and in my experience you would need this to win really).

I hate the big 4, they treat their staff like **** so I say give em hell.

Oh and for a bit of light reading: http://www.legislation.gov.uk/ukpga/1996/18/part/X
 
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I would take the opportunity to leave but make it as painful as possible - i dont think there is a win situation in what you are saying regardless if you speak to ACAS
 
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