possible constructive dismissal?

scorps · World Chat Champion Joined: 29 Jan 2007 Karma :

I run two sites and have done for over three years.
A part time worker runs one site which is due to be finished in about four weeks
Can my employer force me to go part time so that this person (who has worked with the company for just over six months) can take control of one of my sites?
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pinkyfloyd · Super Spammer Joined: 20 Jul 2010 Karma :

Would all depend on your contract. If your contract states that you may need to work different hours then theres not much you can do about it.

If your contracted for a set amount of hours then they cant reduce that amount without you agreeing to it. If they sack you for it then its unfair dismissal and if they make it unbearable for you to remain there then its constructive dismissal.

But go over your contract with a fine tooth comb and see what that says. if you havent got one then get one ASAP.
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MarJay · But it's British! Joined: 15 Sep 2003 Karma :

scorps · World Chat Champion Joined: 29 Jan 2007 Karma :

thanks for the response chaps,

My contract states my hours, we already got told just before Christmas that we accepted a 7.5% pay cut or leave. What rankles big time is that the company charges the client (local council) for our services which were agreed in the main contract for the job and the pay cut wasnt passed on to them, I believe that the company still charges the full time allowance for the part time worker and wish to do that with me thus ensuring they get a years salary pure profit.

If they keep me on full time they would have to lay off the part timer and lose the equivelant of an annual salary.
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iooi · Super Spammer Joined: 14 Jan 2007 Karma :

I guess they think more of the part timer than they do of you. if they want to drop yourous and keep them..

Hold onto the details re the costing and at least should you leave you will have the satafaction of informing the council that they have been overcharged.....
Might just mean the co loses the contract Laughing

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scorps · World Chat Champion Joined: 29 Jan 2007 Karma :

I dont think its because of that iooi lol, i offered to take on the third site when the person running that left, I was told it wouldnt make financial sense as they would lose the salary allowance so rather than increase my pay they took on a part timer so they could keep the rest if that makes sense.
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