Purplemaniacs Posted May 31, 2012 Share Posted May 31, 2012 Does anyone know if you are on a permanent contract and you are asked to do a different role within the company can they change you to a temporary contract. If they can, am I correct in thinking that if you then lose your job you would not be entitled to compensation as you would loose how ever many years service you had done with the company before you were moved to a temporary contract. Chrissie Quote Link to comment Share on other sites More sharing options...
Duncan08 Posted May 31, 2012 Share Posted May 31, 2012 If you agree to a new contract it should not affect your length of service but you could do with some sort of written clause of continuous service, and clarification of what happens at the end of the temporary contract. A business is within it's rights to ask you to change your role to aid the evolving needs of the business, but there may still be restrictions on how far they can go. Before agreeing to anything check with ACAS, they have detailed information on their website, you can also ring them for impartial advice. Employment law can be a minefield, there are lots of myths and rumours and individual circumstances are always different. Quote Link to comment Share on other sites More sharing options...
ClaireG Posted May 31, 2012 Share Posted May 31, 2012 Chrissie it might be worth contacting ACAS. I've contacted them before and found them very helpful. Quote Link to comment Share on other sites More sharing options...
lillybettybabs Posted June 1, 2012 Share Posted June 1, 2012 I agree with the ACAS, they did help. DO you know why they want to change it, could it be to do with redundancy money saving? Quote Link to comment Share on other sites More sharing options...
Olly Posted June 1, 2012 Share Posted June 1, 2012 Or take a look here worksmart which is the TUC website, it's very easy to follow. Quote Link to comment Share on other sites More sharing options...
laurmurf Posted June 1, 2012 Share Posted June 1, 2012 Employers can ask you to vary your work, particularly if they don't change your T&Cs (terms and conditions of service - the permanancy, hours, rates of pay) of your post. If they vary and change your T&Cs then it's a breach of contract unless you agree to it. If you have a permanent contract and the employers attempt to make you take a temporary contract they are making you redundant essentially and unless they do this properly they are in breach of contract, which itself can be constructive or at least unfair dismissal. Quote Link to comment Share on other sites More sharing options...
SarahJo Posted June 1, 2012 Share Posted June 1, 2012 sorry to jump on this thread - but ironically have a question of my own I have a clash - work 4 hrs a day at a private school - 10 yr old has inset after 1/2 term Have asked for time off unpaid, or to take ys in with me as I do not teach etc - been told no to everything, and if I do not go into work and phone in sick to look after ys, will be disciplined. I have done everything by the book and cannot get any child care - so will either have to leave home alone, in the park or in the car where I can see from a window Other staff have taken children in and it is not even a written policy that it is not allowed. Previously staff have been granted a rare occasion to take their own children in if no other options. Am being flippant about the car sitting by ys - but have no options left???? Apparently dependency leave is out as I know this date in advance - but have still not managed to get child care through no fault of my own. Is my employer being totally unreasonable Thanks for any thoughts/ advice , I feel cheated and let down Quote Link to comment Share on other sites More sharing options...
Guest Posted June 2, 2012 Share Posted June 2, 2012 It depends........ Is your existing job dissapearing? or is it being given to someone else? will it be left vacant whilst you are elsewhere? This is exactly why we need Trade Unions - they are not just for strikes !!! They safeguard us against devious employers! Speaking from 27 years experience of working for one! Quote Link to comment Share on other sites More sharing options...
keyhole kate Posted June 2, 2012 Share Posted June 2, 2012 SarahJo Having successfully taken two employers to Tribunal and won. You most definately have grounds under employment law to claim less favourable treatment if others are allowed time off or taking there children into work etc and you are not however that said you risk opening a can of worms they will make your life hell. The bottom line is you could use the Law to force there hand into allowing you the time off or taking your child to work but you need to weigh up if it's worth the agro ? In my case I had nothing to lose as I was being dismissed/ made redundant illegally My advice to you would be to stay lighthearted about the whole thing but make your requests in writing if you havn't already done so this will invariably make them wary of refusing as they will unsure of your motives without you jeapordising your job. it's a case of slowly slowly catchy monkey feel free to PM me Quote Link to comment Share on other sites More sharing options...
keyhole kate Posted June 2, 2012 Share Posted June 2, 2012 Does anyone know if you are on a permanent contract and you are asked to do a different role within the company can they change you to a temporary contract. If they can, am I correct in thinking that if you then lose your job you would not be entitled to compensation as you would loose how ever many years service you had done with the company before you were moved to a temporary contract. Chrissie I have been in your shoes twice both times I have taken on my employers at the Employment Tribunals won my case with the first the second decided to settle out of court. I would be very wary of allowing to make any changes to your contract or t&cs Employment Law is a minefield definately use your union rep if you have one or as suggested speak to ACAS although in my case they were useless feel free to PM me Quote Link to comment Share on other sites More sharing options...
SarahJo Posted June 2, 2012 Share Posted June 2, 2012 Thanks Kate - have PMed you. The new HR man was really unhelpful and in a school environment, you would like to think they would be the most child - friendly and understanding Chrissie - hope you get your problem sorted. They are reveiwing conttracts where I work too - problem is they don't know who has contracts and who doesn't. You should always consider very carefully any new contracts/ammendments - ask for time to think about it and do not be forced into giving an immediate answer. sarah x Quote Link to comment Share on other sites More sharing options...
Guest Posted June 2, 2012 Share Posted June 2, 2012 One problem with "small private schools" - is they don't think Employment Law applies to them. They have a duty of care to their staff - and that encompasses the care you need to give to your child. I would approach them again and make a record of when and who you spoke to. You could end up at Tribunal - but that would probably end up with a lot of hostility and the loss of your job. If you work part time - could you not ask to shift your working pattern around for that week to accomodate everyone? It's worth trying to offer that! Quote Link to comment Share on other sites More sharing options...
laurmurf Posted June 2, 2012 Share Posted June 2, 2012 there is no entitlement to time off - paid or unpaid - to provide childcare for a non emergent event by any employer - large or small; although large employers do tend to have leave arrangements that are flexible enough to cope with this sort of situation. The lack of consistent treatment may be the angle you'd like to take to seek some flexibility. But whenever you go formal on these sorts of issues, you're onto a loser... Quote Link to comment Share on other sites More sharing options...
SarahJo Posted June 3, 2012 Share Posted June 3, 2012 Laurmurf - while I appreciate the rules may not entitle me to flexibilty on this - the school staff handbook does give a different view. Also - the lack of consistency has wound me up the most - one of the most senior memebers of staff bringing children in recently My line manager had also been given info that if the child was 11 or younger, then it was ok to have them in "your room" - I am not a teacher, and having YS in with me in no way interferes with my duties. Quote Link to comment Share on other sites More sharing options...
