Hi, I have worked as a council employee for approximately 12 years in the same job (social care). The department has two sections, one care home based and the other is community based. Not being a car driver until recently I have been based in the home section as I could not drive to visit clients homes. The jobs are the same and the same contracts of employment as far as I am aware and three other members of staff have previously passed their driving test and moved into the community (as well as working shifts in the home). Up until recently I was told that when I passed my test I too could go into the community, it was announced at meetings when I passed my test and my boss even asked me to wait till after Christmas, to give him time to draw up a new Rota, to accommodate this change. However after buying a new car and getting business insurance to cover driving at work I asked when I could start on the new Rota that had already been drawn up, my boss then told me that he had been talking to human resources and they had told him, I could not go into the combined community/home role as there where no vacancy's to fill and if there where a vacancy then they would have to offer it to someone who has lost their post in another section of the council. This is confusing because I already have a job there and the only difference is that I now drive and am able to undertake all aspects of my position now. They also mentioned that my contract had changed since the last person had passed their test and this now ties me down to working in the home only. There are three full time carers in the home that don't drive, supplemented by the community workers on a Rota basis and neither of my colleges can remember being told that our contracts had changed.
I have took this a little further and asked the next boss up the line and he just confirmed what H.R had said.
Please note that this is a much more important issue to me than complaining about a technicality, I really need to move into the community ASAP on health grounds.
Three years ago I broke my knee joint very badly and due to this, being on my feet, weight bearing for six hours every day really causes me to have pain every evening. I have been told that I need a knee replacement and as they only last for 15 years and you can only have two replacements, I am too young to have one now and they will only do it when I really cannot walk on it anymore. The cartilage inside the knee joint is damaged and the more I walk on it, the sooner I will need a knee replacement. The council doctor has said that I am technically disabled. I have to take strong painkillers 24/7. My job would be a lot easier on my knee if I could do community visits as driving does not affect me anywhere near as much as constant weight bearing.
So good people, I really need some advice, I have drafted a letter that I am going to send to human resources and wondered if anyone would check it over and feel free to make suggestions as to what to add or remove, I would really appreciate any help I get. My letter is below along with some questions I would like to ask.
1. Can an employer change your contract without informing the employee?
2. Is it OK for me to ask for a copy of the community employee's contracts if different?
3. Would it be advisable for me to join a union, do they have any more authority/resources than me doing it myself?
4. Where might be the best place to get free advice?
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Human recourses department
Dear sirs,
I am writing with regard to being informed that I cannot transfer from working as a support worker in the *************** unit, to working as a support worker in the community, I have worked for the support team for twelve years since the service was created and opened.
Due to the fact that I did not drive at that time, I was placed in ************* unit. Since then three of my colleagues have passed their driving tests and where moved out of ************* into the community. No additional posts where created for them and no vacancy's where available at that time, they simply moved over to the community. The community support workers come into *************** on a rotational basis, to staff the unit, alongside myself and two other non driving colleagues. I had been told, that when I pass my driving test, I would also be able to work in the community.
When I passed my test in July 2012 I informed my line managers**********and *************and asked to move into the community, I was told that I could and we planned for this to start in the new year. It was announced to all the team in the last support workers meeting in January, that this was happening at the beginning of April.
I planned for this change and bought a car, also acquiring business insurance to enable me to do this. ******** had also created a new Rota to accommodate this move. Then in mid January ********** informed me that I could no longer go into the community for two reasons, neither of which I can fully understand, I have spoken to *********, ********** and *********** about this and still do not understand why I cannot move into the community as others have done previously.
The first reason I am being given is that I am on a different contract to the driving community support workers. I have no memory of seeing, signing or being given a new contract and was under the impression that all support workers where on the same contract. I also do not remember being told about any changes to my contract or that any changes being made would prevent me from working in the community. I would be grateful if you would provide me with a copy of my contract and any previous contracts I may have had and would appreciate it if you could highlight any changes that where made that would prevent me from moving into the community as others have, in the past. My two colleagues in ************** also do not have any memory of a new contract or our contract being changed and also do not have a copy of any new contract either.
The second reason I am being given, is that there are no vacancy's in the community. I do not understand why there would have to be a vacancy as I am already a support worker and the number of support workers would not change. As I mentioned before, three colleagues have already moved into the community, with no problems, they where not filling any vacancies, they just moved into the community and different community support workers came into *************** on a Rota basis to accommodate this change.
I am not applying for a new post, I am one of the longest serving members of the support team and have simply passed my driving test allowing me to partake in the full scope of my job. ********** had created a new Rota that would have accommodate my move, there would be the same number of support workers in the community and ************ as people rotate between the two.
I just feel that I am not being treated fairly or equally to other members of the team, I would like to develop and expand my skills and experience and have at least the same opportunities as my colleagues. I feel that I am being held back and discriminated against.
I would appreciate it if you can explain in detail what differences there are in my contract , compared to any contract that previously allowed support workers into the community once they had passed their driving test. I have contacted ******union about this matter and have been advised to explain my situation to you. I have also been told to ask for a copy of my contract and any changes made to my contract and the time frame that I should have been made aware of any changes, if any where made and a copy of the community contract if different.
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Thank you for any help i might get.
I have took this a little further and asked the next boss up the line and he just confirmed what H.R had said.
Please note that this is a much more important issue to me than complaining about a technicality, I really need to move into the community ASAP on health grounds.
Three years ago I broke my knee joint very badly and due to this, being on my feet, weight bearing for six hours every day really causes me to have pain every evening. I have been told that I need a knee replacement and as they only last for 15 years and you can only have two replacements, I am too young to have one now and they will only do it when I really cannot walk on it anymore. The cartilage inside the knee joint is damaged and the more I walk on it, the sooner I will need a knee replacement. The council doctor has said that I am technically disabled. I have to take strong painkillers 24/7. My job would be a lot easier on my knee if I could do community visits as driving does not affect me anywhere near as much as constant weight bearing.
So good people, I really need some advice, I have drafted a letter that I am going to send to human resources and wondered if anyone would check it over and feel free to make suggestions as to what to add or remove, I would really appreciate any help I get. My letter is below along with some questions I would like to ask.
1. Can an employer change your contract without informing the employee?
2. Is it OK for me to ask for a copy of the community employee's contracts if different?
3. Would it be advisable for me to join a union, do they have any more authority/resources than me doing it myself?
4. Where might be the best place to get free advice?
========================
Human recourses department
Dear sirs,
I am writing with regard to being informed that I cannot transfer from working as a support worker in the *************** unit, to working as a support worker in the community, I have worked for the support team for twelve years since the service was created and opened.
Due to the fact that I did not drive at that time, I was placed in ************* unit. Since then three of my colleagues have passed their driving tests and where moved out of ************* into the community. No additional posts where created for them and no vacancy's where available at that time, they simply moved over to the community. The community support workers come into *************** on a rotational basis, to staff the unit, alongside myself and two other non driving colleagues. I had been told, that when I pass my driving test, I would also be able to work in the community.
When I passed my test in July 2012 I informed my line managers**********and *************and asked to move into the community, I was told that I could and we planned for this to start in the new year. It was announced to all the team in the last support workers meeting in January, that this was happening at the beginning of April.
I planned for this change and bought a car, also acquiring business insurance to enable me to do this. ******** had also created a new Rota to accommodate this move. Then in mid January ********** informed me that I could no longer go into the community for two reasons, neither of which I can fully understand, I have spoken to *********, ********** and *********** about this and still do not understand why I cannot move into the community as others have done previously.
The first reason I am being given is that I am on a different contract to the driving community support workers. I have no memory of seeing, signing or being given a new contract and was under the impression that all support workers where on the same contract. I also do not remember being told about any changes to my contract or that any changes being made would prevent me from working in the community. I would be grateful if you would provide me with a copy of my contract and any previous contracts I may have had and would appreciate it if you could highlight any changes that where made that would prevent me from moving into the community as others have, in the past. My two colleagues in ************** also do not have any memory of a new contract or our contract being changed and also do not have a copy of any new contract either.
The second reason I am being given, is that there are no vacancy's in the community. I do not understand why there would have to be a vacancy as I am already a support worker and the number of support workers would not change. As I mentioned before, three colleagues have already moved into the community, with no problems, they where not filling any vacancies, they just moved into the community and different community support workers came into *************** on a Rota basis to accommodate this change.
I am not applying for a new post, I am one of the longest serving members of the support team and have simply passed my driving test allowing me to partake in the full scope of my job. ********** had created a new Rota that would have accommodate my move, there would be the same number of support workers in the community and ************ as people rotate between the two.
I just feel that I am not being treated fairly or equally to other members of the team, I would like to develop and expand my skills and experience and have at least the same opportunities as my colleagues. I feel that I am being held back and discriminated against.
I would appreciate it if you can explain in detail what differences there are in my contract , compared to any contract that previously allowed support workers into the community once they had passed their driving test. I have contacted ******union about this matter and have been advised to explain my situation to you. I have also been told to ask for a copy of my contract and any changes made to my contract and the time frame that I should have been made aware of any changes, if any where made and a copy of the community contract if different.
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Thank you for any help i might get.
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