What are my rights?

[ninja]

The company I work for have recently purchased another company & subsequently we will beome one. I have been told that they would like me to step down from my position as there is someone at the new company that they would like to do the job instead. This would mean changing from a 5 day week to a continental shift pattern, taking a considerable drop in income & being effectively demoted, with no grounds as far as I can see. At the moment, all of this is just a proposal, that they would like me to agree to, but can they enforce it. My contract states that my working hours are subject to change, but there is nothing in it regarding stepping down when asked! What are my rights if I refuse their proposal. Any urgent responses would be appreciated as I need to respond to them soon.

[AliFlump]

Hi Ninja, i cant answer your question but i recently found this site and thought it might help

http://www.worksmart.org.uk/rights/

Forgive me for not finding the right page but wanted to get it to you asap

[AliFlump]

This part in particular may help

http://www.worksmart.org.uk/rights/viewsubsection.php?sun=13

[Holbeckian]

Ninja,

Basically, they can't alter you Contract of Employment unless you agree. The co. I work for tried to cut my salary by 12.5% a couple of years ago because my job changed. I just told them they couldn't do it and whispered the word 'tribunal'....they backed down. But take all your info to a Solicitor specialising in Employment Law or failing that, the CAB. Best of luck...

[Postdog]

This hasn't happened to me but to colleagues of mine in the Royal Mail. Basically their jobs changed through no fault of their own and they had to do a lower paid duty. However they continue to get what they were earning.

Obviously RM has a union, which may or may not have played a part in this, and I don't know the legal requirements, but if I were you, I'd seek proper legal advice.

[gucciman]

as far as i know, if the company moves you against your will to a lower position they have to still pay you the wage you were already earning and can't cut your wages, not unless you agree to it. on the other hand, if you yourself asked to be moved to a lower position then they can cut the wage.

employment law is an absolute minefield and few employers fully understand it. you should contact the c.a.b. they have specialists in employment laws.

you may be able to do them for constructive dismissal, or perhaps you could ask them for redundancy and then find a job equal or better to yours somewhere else?

best of luck

[dmclean]

I agree with gucciman, with this newly structured organisation wanting to change both pay lavels and work patterns, constructive dismissal would certainly be the route I would go down.

Just don't agree to the changes and go from there, but I would suggest you would have strong grounds at the dreaded 'tribunal' (dreaded by them not you!) if it went that far.

Of course you might want to try for a sizeable redundancy pay off to leave to make way for the changes they want to implement!

[undercovers]

be careful and do not agree to anything either expressly or implicitly (e.g. do not start doing the lower paid job while you "try to sort this out" as this can and will be taken as your acceptance of the new terms of your contract... remember to that for a claim of constructive dismisal you must resign fairly quickly after the incident e..g can't do the lower paid job for a month or two and then resign.

Many employment solicitors still offer a free half an hour first session, and you will get a lot of info from them in that session. Also it could well be worth the money just to get the solictitor to write a letter to the company on your behalf just setting out your complaint and the law in relation to this.

Tread very carefully but remember they are in their rights to make you redundant - but should offer work at the SAME level and at the SAME pay. But better to be redundant than resigned generally. I am no expert tho so get to the solicitors for some proper advice

[ninja]

Just had a meeting with the powers that be to discuss the issue. Told them that I wanted to stay doing what I do, on the same shift I'm on already & they agreed to it. Just like that! Can't help feeling that the whole process was abit of a waste of time really. Thanks anyway to everyone who answered

[lion heart]

I would speak with your local consumer rights office they could give you the best advice you can find the number in the phone book