calpsy wrote:Im 25 hr contract and was told all of us 25's will be made up to 27.5 .
I told him i cant do it and he said i had no choice .
Well im 9 - 2 shift . I drop kids at school at ten to nine then off to work . THEN i have to take one of the kids to nursery as close to half one as possible .
WHERE would the extra time they want me to take on be put ??? SATURDAY ? ? ? Not a fkin chance .
It will be interesting to say the least . Any ideas ? ? ?
In my opinion this one does sound like an easy one to fight against! If it says 25 hours then thats all you have agreed to and they cant force you to change your contract! Now if they said you had to do it on OT then that would drift into a grey area... Did you tell them you have kids at your interview?
Nope its an easy one to shoot down. Your contract includes all agreements reached with the CWU and the BT2010 says in Black and White on Page 8
Royal Mail has explored various resourcing models for operations in a mechanised environment and in conjunction with the CWU has concluded that the best model is a flexible workforce, predominantly full time supported by part time employees. The mix of full time and part time is planned to be around three quarters full time and one quarter part time by 2013. The exact ratio will vary locally depending on the current local mix, needs and employee preferences. Full time employees will retain full time status unless they volunteer to move topart time hours. Part time employees will be entitled to retain their existing contractual hours if they wish.
so print of page 8/9 of the agreement and shove it under their nose.
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calpsy wrote:Im 25 hr contract and was told all of us 25's will be made up to 27.5 .
I told him i cant do it and he said i had no choice .
Well im 9 - 2 shift . I drop kids at school at ten to nine then off to work . THEN i have to take one of the kids to nursery as close to half one as possible .
WHERE would the extra time they want me to take on be put ??? SATURDAY ? ? ? Not a fkin chance .
It will be interesting to say the least . Any ideas ? ? ?
In my opinion this one does sound like an easy one to fight against! If it says 25 hours then thats all you have agreed to and they cant force you to change your contract! Now if they said you had to do it on OT then that would drift into a grey area... Did you tell them you have kids at your interview?
Yeah they were told at the interview and at the office where I was posted .
There really hasnt been a problem the 3 years ive been there ............. its only now when its so busy and heavy i am putting my foot down and doing what i said i would do at the start .
jessicarabbit wrote:28 days is a myth all Employment Law states is that 'reasonable' notice should be given to an employee. Also at interview you were most likely asked would you be prepared to vary your attendances if required and say a bit later or start earlier from time to time. All these things are a matter for an ET and most people would not bother taking it that far. Your only recourse is to play the 'family friendly' card but if you didn'tmention this at interview RM can 'reasonably' ask you to alter your attendance pattern. Your contract will simply state you are employed on a permanent/temporary basis at x hours a week. No mention is made of attendance times or location.
the 28 day notice is not a myth. Employment Law states reasonable notice must be given and this reasonable amount of notice has under case law been accepted unless there are certain circumstances (financial need / business survival) to be 28 days.Also any change in your contract must be by consent or through collective bargaining, for example hours of attendance or shift patterns, your hours of attendance will not be in your contract but become "implied" under law after they have been unchanged for an extended period. implied terms are legally binding and can only be changed by consent or though collective bargaining. We went through this at our office during a revision through executive action over Saturday attendances. Our rep got us all to fill in grievance forms and Royal Mail backed down and left our Saturdays alone.
DOMs know nothing of employment law neither do Area Managers, but they will check with RM Legal Department and asses the risk of going to tribunal before attempting to change your hours.
Changing your contractual hours without your consent would in most cases be unlawful.
Changing your attendance pattern without your consent is a little more tricky but if you could show that this change would,through no fault of your own make continuing your employment with Royal Mail impossible you would have a better than even chance of winning a constructive dismissal case.
That is most likely the advice your DOM would be given so i would expect him to back down when presented with the facts and the obvious impression that you will not accept his will.
A