Can anyone give advice

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pennijar

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Joined
Jan 29, 2006
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Hi gang,

As some of you know I have always had problems with my boss at the Charity I work for, this has been ongoing for nearly two years as you know I cut toe nails of the elderly.

Well this week myself and the other girl I work with were summoned to a meeting with all the big bosses that was on wednesday at 12.00 at 12.10 boss lady came down and told us that the meeting was possibly going to have to be cancelled, but we had to wait just in case it could go ahead, the reason for the cancellation was that the employment lawyer they had had found a problem. Anyway at 1330 boss lady came down again and handed us both a letter summoning us to another meeting today regarding our jobs.

To cut a very long story a little shorter we both went into the meeting this morning to be told that one of our jobs was going and that we had to re-apply for it and go through the whole process we went through when we started nearly 2 years ago. We both had exactly the same training from the NHS Podiatry service and as all we do is cut toe nails my other qualifications count for zilch as boss lady has told me many times in the past.

Now this is my dillema, I know full well that it is me they want to get rid of it always has been, when we were given the new job discription it states that part of the job is the home visits, ok you may say, but when I originally applied I told them verbally and in writing on my application form that I couldnt drive whereas my oppo could. Almost from the beginning of our employment it was decided by boss lady that my oppo would do all the home visits while I did all the admin work it has been this way now for well over 12 months it isn't that I couldn't do the local ones but these are all spread out in all directions of about a 30 mile radius there is no way I could get to a lot of them on the buses.

Also up until now we have got travelling expenses if we had to travel to the other office, now all that is stopped yet the new job description says two days in one place and two days in the other just for those I would lose over £24.00 per month.

Plus I am now over 50 and they were worried that I could get them on age discrimination, hence the reason they are doing it this way so that it looks fair when my oppo gets the job and I get the boot. I can prove via the office diaries how things up to now have worked.

Does anyone out there know anyone, or even failing that do you think I would have a case for a tribuneral.

Not only all that but if we do want to apply for the job the application has to be on the desk and read by the cheif Exec by 12.00 next tuesday. Strangely my oppo wouldn't have a problem with that if she wants to apply as she works in the same building whereas I work in a different town.

Sorry about the length of this but I really do need some good advice, personally I feel like saying stuff it and walking out, but then that is what they ultimately want me to do. Would you apply or not? under these circumstances.

Joan
 
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bless you! wish I could help but all I can suggest is go to ACAS and see if they can advise as to weather you have grounds for a tribunal.

but I think you have answered your own question hun, with regards to wether you want to re-apply or not..... xxx
 
hi sounds like they have put you in an impossible position but i would say hang in thier and reapply for the job but in the mean time i would book an appointment to see an employment solicitor they usually run free intro appointments, explain the whole situation and see what they say, if you do not reapply for the job then you will have no grounds at all.. you never know they may be banking on you not reapplying so they have no hassel... good luck hun and keep ur chin up.

H x
 
Thanks for all your help.

Joan
 
I have never heard of re applying for a job before!
I would definately seek professional advice on this one as it
doesn't seem right.
 
Joan my advice in cases like this is always find a solicitor that offers the first 30 mins for free. I did this when I was put in an untennable position and it was a godsend. employment law changes all the time and I think what they are doing is illegal ...

Basically they are sacking both of you and telling you both to apply. Now I´m not sure that this can be done these days as redundancy laws are very strict ... and it seems that they are tgrying to get out of the redundancy route.

So contact that solicitor ar ACAS as already said ... or both!

Good luck and put up a fight!
 
I would do three things:-

1. Contact ACAS and they will tell you exactly where you stand for free.

2. Start up on your own. There are countless elderly people who would pay for that service but can't afford to see a chiropodist. You could rent space or go to clubs for the elderly.

3. Put your hands together that you won't be working for such an ungrateful boss for much longer.

Good luck and I'm sure that things will turn around for you. xxx
 
Sassy and Kim giving you the same advise I would give you.
Its outrageous that they are trying to get out of giving you redundancy money.
They hired you and just because they want to change the rules doesn't mean they have the right to do so.:hug:
 
Hi hun

Sorry to hear about this. GET A TRIBUNAL CLAIM IN!! Like the other girls have said, an employment solicitor/legal exec will give you a first session for free, and some may represent you on a no win no fee basis.

Its always difficult to comment with only the basic details to go on, because employment law is extremely complex and ever changing, but on the face of it I think that if you can prove that you are being treated less favourably than another employee in the same job as you that you may have a case for constructive dismissal (this is where they put you in a position where you feel forced to leave).

Ultimately it will do you no harm to make a tribunal claim, even if they dont decide in your favour, also, the Tribunal Chairmen are very helpful and if you defend your own case they bend over backwards to help you, not with the actual claim, but will assist you as much as they can in knowing how to proceed with your claim etc.

The very best of luck to you
 
Thank You so much for all the excellent replies, all of which are echoing my own thoughts on the matter.

I have thought long and hard about what to do, being that there is no chance of me getting any legal help before the deadline for the job application.

What I have done is written to the chief boss setting down the reasons I am not applying for the job, I have done it in a way that they know exactly where I stand, luckily I still had the job description from my original application in 2006, bet they were banking on us having thrown it away, I always keep everything jobwise and thankfully I managed to find this document, it does throw up some good ammo for me. Which I have used in my letter. I have stated that I am not accepting voluntary redundancy by not applying for the job and that for all the many and various reasons I have stated find myself a victim of unfair and constructive dismissal I have even stated in a roundabout way that I know what their game is and that they will not get away with it.

So tomorrow it will be posted, then I will sit back and wait for the fireworks to begin, I have asked him to reply in writing.

I was panicking on friday when I put on the first post, now the boxing gloves are on and I am ready to do battle. I decided yesterday that I wasn't going to apply for my own job, but there is no way I will go without a fight.

Another point is on the original 2006 job description thingy it stated that we would be trained by podiatry, now on this one it just says by an outside body, now I wonder could that be via the NVQ route, now that would be very interesting to find out, as I have always been told that my qualifications count for nothing in the organisation. Only the podiatry training counts. Lets hope my oppo also decides not to put in for the job, but bet you 100% that she does so I will never find out what the outside route is.

I will let you know more as I find out more.

Joan

ps anyone need a nail tech in a month or so
 
Joan DO NOT send the letter until you have sought proper advice. It may leave you playing right into their hands and you end up with no rights at all. Places like this rely on people not bothering to find out what their rights are.

You could in the meantime send them a letter stating that you are seeking legal advice on the matter as you feel you are being treated unjustly and would not wish to jeapordise your position for the future.
 
Joan, are you a trade union member? The letter you have written is a formal grievance and would have to be construed as such by your employer. In this case, there are statutory grievance procedures that they MUST follow on receipt of such a grievance, failure to do so can give rise to a tribunal claim in its own right!! If they do comply with the prodedure, they must invite you to a meeting to discuss your grievance, and at that meeting you are entitled to be accompanied by a representative, usually a Trade Union rep (although you can be accompanied, unfortunately you cant be represented).

Go though the yellow pages hun, ring an employment lawyer, some might be able to see you at short notice for free, take all your documents for them to see. I think that in the position it would be wise for you to take an hour out to see a legal person for advice on what to do next.

The very best of luck to you, let us know how things turn out.
 
One thing you dont want to do...is to walk!!

If you have a contract read it.....and like others have suggested,go quickly and get some advice. If jobs are going, you are usually told there will be redundancies...I have heard of reapplying for your job(common in the NHS), usually when costs need to be cut....go get some advice BUT dont walk and read your contract...do you have the letter stating all this in writing? if so dont forget to take it with you, if not....hmmm I personally would say its scare mungering to make you walk...so they dont have to pay you a penny....( I bear in mind you mentioned your age) DONT WALK
 
I think if you are on a contract they can make you reapply but if you are permanent member of staff then they cannot do this. Also they cannot sack you without good reason ie written and verbal warnings for misconduct. I would definately fight this, you may even get some compensation which you might need if you end up out of work! I would definately seek advice from an employment solicitor, or how about CAB they may be able to point you in the right direction.

Good luck.

Trish :hug:
 
Thanks for your replies, after reading Sassies reply last night I decided to try to find an Employment Lawyer, not an easy job given the time constraint I was under, Tomorrow 12 noon, anyway I finally managed to speak to one over the telephone, he rang me so it cost me nothing, I explained the situation to him and told him what I had put in the letter, he told me to put as a heading that it was a Formal Grievance which I did, he also said that I should request a response in writing. The letter has now gone in via the internal mail. So now there is nothing to do but wait.

It is pretty certain though that I will be made redundant as lots of paid staff in other departments have all received the same formal letter stating that they have to attend a meeting to discuss their position within the company.

Most will just roll over, but I have not, I know that I will be out of work very shortly, but I won't go without a fight.

Knowing you guys are here and how supportive you all are is a big help, those who know me, know that I have had a rough few years with one thing and another every time I just get above the waterline I sink again. Only to re emerge stronger from the experience.

I am hoping that this will be a blessing in disguise as I have hated the organisation I work for, they treat their staff like s*** they kick you till you have no self confidence left, even my college tutor noticed how my confidence has taken a battering when I went back there in September.

I will get myself up again though it may take some time, but for now my main problem is finding employment, I want to do a similar job mobile, but I need something coming in until I know if I can make a go of it.

I am sure something will turn up I just trust my Guardian Angel is still watching over me, and I am sure that he is.

I will let you know more once I know anything myself.

Love

Joan
 
I am so glad you got the legal advice you needed. good for you Joan. Now see this as a stepping to a more pòsitive time in your life. Think of it as a good thing, leading to a good life ... in the immortal words from the father on Far and Away, think of it as starting out and not as ending up. Good luck to you, you surely deserve it :hug:
 

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