employment termination problem

Banned 16 replies
Found 9th Sep 2008
My friend works for a well known DIY store and has been working there for nearly 20yrs(sad git),anyway the staff at this store had to have meetings with the manager who told them they had to change thier working hour and days even though most are contracted to work certain day's.Most have said they did not want to change for there own reasons.Today they received letters telling them that if they do not accept the new working days or hours their employement would be terminated,but they could be re-employed under the new terms of the employment.If they want to be re-employed they would not lose thier benefits(holiday's etc) that they have acrued due to the time worked there. Are the employers allowed to do this?or is it unfair dismissal?.
I would welcome you comments or if you have web addresses that may help would be appreciated.

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16 Comments

have they been through a consultation period?

have a look on acas

Original Poster Banned

bellabonkers;2933960

have they been through a consultation period?



I dont think so,as they only saw the manager last week


will do cheers

went through a similar thing myself but we were put through a consultation period. I don't know, your best off having a look at the acas website or perhaps citizens advice.

Banned

Constructive dismissal is the term you are looking for.

Take them to an employment tribunal.

guv;2934038

Constructive dismissal is the term you are looking for.Take them to an … Constructive dismissal is the term you are looking for.Take them to an employment tribunal.



direct.gov.uk/en/…696

Found this on a HR site

businesshr.net/doc…tml

No! If you are considering making significant changes to the terms of the contract, then unless these changes are made with the voluntary agreement of the employee (in which case, either write and confirm them or issue a new contract if the changes are sufficiently substantial), you run the risk of a claim of constructive dismissal and/or breach of contract. If the employee raises an objection you need to deal with it and have good business reasons for rejecting the objections raised. If you are seeking to change contracts because of a TUPE transfer then care needs to be taken as any changes resulting from the transfer and not due to commercial, economic, reorganisation reasons etc would also be a problem for you.

sorry to hear about that, hope it works out.

:thumbsup:agree totally with choc1969, such a shame for the person considering the long term commitment by the person mentioned, hope it all works out for the best, fingers crossed, again as bellabonkers said speak to citizens advice :thumbsup:

guv;2934038

Constructive dismissal is the term you are looking for.Take them to an … Constructive dismissal is the term you are looking for.Take them to an employment tribunal.



i agree with this chap that cant just change ur contrat just like that.check with union if he has 1 to fight for it. comiseration for ur mate hope it all works out for him

Original Poster Banned

khalifazed;2934356

i agree with this chap that cant just change ur contrat just like … i agree with this chap that cant just change ur contrat just like that.check with union if he has 1 to fight for it. comiseration for ur mate hope it all works out for him



Alas they have no union as company do not recognise.

Have found this through the help of everybody.lra.org.uk/adv…pdf will print and pass on.:)

Original Poster Banned

Thank-you all for your help,my friend will appreciate it:thumbsup:

guv;2934038

Constructive dismissal is the term you are looking for.Take them to an … Constructive dismissal is the term you are looking for.Take them to an employment tribunal.



This is the way forward imo.
If there has been a significant change to employment T's & C's which have lead to your friend having to leave they should be able to do this. The trouble with constructive dismissal is you will normally have to leave the job as a result of the changes in order to be able to make a claim.

As bella said companies are obliged to go through a formal consultation process though. As a large chain I would have thought there should have been some trade union involvement. Has there been some sort of management restructure or takeover?

Well before your friend go's further he needs to get his current contract looked at to see where he stands. Lots of retail contract contain wording saying they can change your contract with the needs of the business. Chances are that if they are sending letters out saying they could terminate there employment or start them on a new contract highlights that it may well be included in there current contract. I was at the management end when I had to do this due to a change in store opening hours. Only one member of staff left in the end and took redundancy.

Original Poster Banned

jtx;2934444

This is the way forward imo. If there has been a significant change to … This is the way forward imo. If there has been a significant change to employment T's & C's which have lead to your friend having to leave they should be able to do this. The trouble with constructive dismissal is you will normally have to leave the job as a result of the changes in order to be able to make a claim.As bella said companies are obliged to go through a formal consultation process though. As a large chain I would have thought there should have been some trade union involvement. Has there been some sort of management restructure or takeover?



Think they are just doing it at this store,it is large internaional company that do not recognise unions.My friend does not want me to say who it is but I am sure you can work it out so just dont do it:thumbsup:

Original Poster Banned

Thank-you for you help,its my beddy byes now.good night.

podd2000;2934529

Thank-you for you help,its my beddy byes now.good night.



If he needs any help PM me and I'll send you my email address.
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