Legal advice at work

Banned
Don't want to give out too much info as to where I work, but these are the circumstances

I haven't kept my training records up to date so I fail my licensing

I've got till November to get them up to date when I take my test again I will pass with flying colours

While I'm unlicensed my bosses are training up two people to do my job, there is already one vacancy but this 2nd guy has no place to go on my team so that means they are getting rid of someone, I'm the likely candidate I will not be sacked just moved to another place in the company, same pay just a totally different job.

Now he has a terrible record with the company being on suspension, threatening behaviour, going way over his allocated sick allowance but he is claiming he is being bullied by everyone in his team so wants to be moved. It's all his own doing as he reports everyone for everything, he is up his own rear.

My question is do I have a leg to stand on if they try to move me, I did this old job before but I really don't want to go back to it. If they moved me and I quit could I take them to court for constructive dismissal. Its the same pay but totally different shift pattern and would really mess my life up. I haven't had any meetings with senior staff on my performance no letters of concern just a bad report this year just not been seen about it though.

5 Comments

look on the acas website for details on constructive dissmissal and that should make it clearer. have you spoken with yout HR department? they are there to support the employee not just the employer and will give you all the advise and support you need.

fireexit;2922381

look on the acas website for details on constructive dissmissal and that … look on the acas website for details on constructive dissmissal and that should make it clearer. have you spoken with yout HR department? they are there to support the employee not just the employer and will give you all the advise and support you need.


IMO HR couldn't give two ***** about the employee, HR are absolutely useless, jobs for the boys/girls :x

Banned

Ok firstly, you need to find out why they want to move you? Is there a legitimate reason?

From what you say so far it seems that they are moving you out and some one in your place? If it was the case that they were simply moving you out and no one to replace you, employers usually will say that you are being made redundant as there is no need for your particular job role.

If they do try to move you, I would say you do have a leg to stand on. Check if you have a contract of employment and check your terms. By changing your role, hours they are breaching your contract. They only way to avoid breach if any alteration is agreed by mutual consent, No one can force you to agree to alteration of your role and hours.

BAsically, if they change your role/hours that will be deemed to have terminated your contract of employment and you can claim constructive dismissal as well as unfair dismissal. Before you can sue you will have to lodge a formal grievance which will usually sh1t up employers.

If they start to force you to move, I would recommend making a formal grievance to HR claiming its unfair etc and there is no real business need for you to be moved, that will make them think twice.

Original Poster Banned

Thanks 2sly sounds like good advice. Its only rumours so far need to speak to my line manager as he doesn't want this guy to join us but its not really up to him.

Banned

No probs matey, hope it works out well for you :thumbsup:
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