6 replies to this topic

[nails]

ive been in the work place for over 10 years, and out of the blue i was told i was to be moved to a different site - because it pleased the company.

i gave my views as to why the move would have a great impact on my life and how it would be counter-productive, only to be informed that `it was going to happen, and thats that..`


so...

after speaking to my union it appears that i have a case known as Custom and Practice. in this case i have been doing my set hours and a set work place for a lengthy period of time, i have grounds to refuse any such off under consultation. Did i forget to say there was no 30 day consultation, but TOLD im moving in 27 days??

today i was phoned and asked to put my proposed hours in for my new proposed workplace, dispite my formal grievance have not been heard! - much to the anger of my trade union rep. he's advised me to stay put, even if it laps to the new workplace, until the formal grievance is satisfied.

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Consultation explianation - basically, if you havea contract, and for what ever reason say the company cannot fulfill the contract, or a change on conditions makes a change, then a consultation takes place - with a view that they want something else from you, and you either do or do not have grounds to fight it, thus a new contract is drawn with your noew working conditions. if in the even you do have grounds, then you can refuse any such offer. the consultation with either evolve into a new offer, or the consultastion process finished.

What is meant by custom and practice?

Some terms may be implied through custom and practice in a particular trade or with a particular employer.
For example, it may become customary (over a period of time) to leave early on a Friday, or to add an extra day to a Bank Holiday. In order for an entitlement to become established by custom and practice, it must usually be long-standing, uninterrupted, automatically received, expected and well-known.
Also, sometimes the idea of custom and practice is used to interpret an express term, for example "reasonable overtime".

Edited by nails, 22 November 2011 - 10:35 PM.

[_The_Luck_]

i went though this with a previous employer they wanted me to move to somewhere unsuitable but there are a number of difficulties for example some employment contracts state you will move to the demands and needs of the bossiness which mine did i took the approach of rejecting the move and was told i had no choice i had my notice and that was it long story short it would of affected my personal life and my finances i.e the cost of moving extra expense etc to cut a long story short i resigned and sued for constructive dismissal as the position was untenable as i was losing money and other personal problems arose and won the case but the winning point to me winning was the fact the offorded no incentive or gain for me to move and the move cost me money which they never address the best approach is to check your contract dispute it and if the new place of work position means they need you to sign a new contract they cant force you to move the only way they can is if it is in your current contract

[nails]

there has been no offer, more a forced move. i weighed up the pros and the cons, but even so it would prove almost impossible to satisfy the contract from the other site.

since no consultation has been offered then the formal grievance was put in place. to make matters work i was telephones at work and asked what prefered hours i would like in my new work place! so in the giudance of the trade union i contacted via email the relivant bosses and merely reminded them that nothing can happen until the grievance is satisfied - and then if the problem still persists, a 30 day consultation can take place.

i contacted the employee asitance program today and it was confirmed to me that - a long term repetitive work pattern (custom and practice rule) will win over and stipulation in a contract or needs of the company. this came from the HR dept of the company they pay!

thanks john, duely noted!

You may have a problem at work because your employer wants to change the contract. In effect it is a proposal to change the contract of employment if, for example, your employer wants to:

• change the type of work that you do
• change your place of work
• cut your pay
• change the number of hours you work.

In theory, your employer cannot change a term in your contract without you agreeing to the change. In practice, you may be faced with the choice of accepting the change or losing the job. However, you may be able to take some action against the employer if you disagree with the change.
Before you can decide what your rights may be regarding a proposed change to your contract, it is essential to discover what the existing contract says on the issue. You should look carefully at your copy of any written contract and/or the written statement of terms and conditions of employment. If you do not already have one, it may be advisable to ask the employer for a written statement of terms and conditions.
It is important to remember that taking action against an employer over a change in the contract may mean that you could lose your job. You should therefore consult an experienced adviser, for example, at a Citizens Advice Bureau. To search for details of your nearest CAB, including those that can give advice by email, click on nearest CAB.

the bullet points are your custom and practice code, i might not be good at creating fruit machines, but hopefully this helps nails, custom and practice rules vary to everyones needs

[nails]

thanks john, check your inbox m8

[nails]

er, and again!