I think my company is trying to constructively...

[downfader]

...dismiss myself and my colleagues.



Big, multinational company. Things have been said by a couple of the trusted managers that they're looking to sack people for not selling enough food (we work in a restaurant), for refusing body/property searches, etc.

A number of people have had some pretty serious accidents. They then struggled to get the bosses to record these appropriately and it has culminated this week in two very serious burns (the staff using them were not trained - they refused to move and sat down in the office until it had been properly documented).

Secure storage for food has been removed after renovations. Now some outside bosses have been moaning that we're in trouble for not locking the stock away. Something which we have no control over. Stock was placed in my work area too, inappropriate due to the lack of space, theres no air conditioning and with the washing machines on my room's temperature can get around the high 20s during the winter, and around 40 during the height of summer.

Now today the boss has said I have to lock my door. My door is my aircon.

With these searches how is that legal? My understanding is that a Police Officer doesnt have the right to search you unless they have reasonable suspician, you fit a description, or have been seen committing a crime etc. The bosses want to do random searches, remove shoes and socks. Everytime we've questioned this we've been told "it's policy!"

Policy included sacking everyone over 60 until the law was changed, and 65 until that one was changed.

What does the law say on employers searching their employees?

 

[Archie_tect]

Speak to Acas asap.

http://www.acas.org.uk/index.aspx?articleid=1953

 

[wiggydiggy]

...........

What does the law say on employers searching their employees?

Someone can correct me but I believe they can do so, its probably written into your conditions somewhere? Not sure on the removing shoes/socks though, perhaps agree to it but dont wash your feet for a few days first?

That said at my office the security are concerned with the security of the building not the contents, thats up to the staff to regulate. For example I've strolled out of my office with 2 base units (PCs) under my arms and security didint bat an eyelid*

The other things you mention well temperature is tricky, there is a set range that has to be kept to in offices but I dont know if kitchens are different?

*I put them back albeit in the new office!

 

[Gromit]

If the searches are policy it should be in your terms of contract. You can also get them under duty of care if they are failing to fill in an accident book. Keep a diary of what has happened, rout out your employment contract and terms of conditions, if nothing refers to any of the changes they are implementing they have to rewrite your employment and company policy and get you to agree to it before implementing any changes.

 

[ttcycle]

ACAS -bring them in - do you have workplace union, bring them in also but they may well be of varying quality.

If there are violations of health and safety then the requests are illegal.

I'm not sure about searches - you would need to as wd suggests check your contract.

Document everything - try and get all the people who are under threat of losing their jobs (or affected by the changes) to only communicate with managers in groups - don't let them divide you and spread nasty and untrue rumours.

Good luck

 

[Gromit]

Have a look at the employment law website, it details what employers and employees can and can't do. http://www.direct.gov.uk/en/Employment/Employees/index.htm Duty of care: http://www.direct.gov.uk/en/Employment/HealthAndSafetyAtWork/DG_4016686 Changes to employment contract: http://www.adviceguide.org.uk/e_changes_to_employment_contracts.pdf Hope this helps.

 

[Maz]

Hang on. You work in a restaurant and they do body searches? What for? What are they hoping (or not hoping) to find?

 

[DTD]

Start keeping a diary of these incidents as soon as you can – record times and dates.
Keep a diary and one day it will keep you.

 

[Beebo]

Hang on. You work in a restaurant and they do body searches? What for? What are they hoping (or not hoping) to find?

Cash or food stock I suspect.

I was subject to random body searches when I worked with cash. I have also been subject to random breath tests too.

 

[ttcycle]

It also begs the question of what has happened for them to feel this is necessary?

Is there a possible situation that was mismanaged which has led to gross misconduct? Is there a culture of mistrust in general?

 

[ASC1951]

Constructive dismissal cases are very difficult to win. And of course you have first to resign, which in the current job market is, as they say, a high risk strategy.

ttcycle rightly suggests speaking to a union. If you aren't in one, consider joining one - this sort of situation is what they are for.

I would be wary about devoting your working day to documenting all grievances. Serious breaches of the employer's duties certainly do need recording, but it's all too easy for griping to become your default setting. You may find that all you achieve is to make your 40 hours a week thoroughly miserable and you carry that attitude home with you.

 

[ttcycle]

Constructive dismissal cases are notoriously difficult to win - if it's decisions that affect a lot of people then there's strength in numbers but do get involved with the union and ACAS - if you have a union, they should be your first port of call as ACAS comes in later usually when negotiations have broken down. If you don't have a union and the situation is bad enough that a union could be recognised (ie enough people are peeved off and would join) then go for that route however, it may take time.

 

[downfader]

I discussed with my colleagues that we should be keeping a diary this morning. They feel defeated and dont want to.

We were originally employed via another employer (sorry for the vague detail here, I'm told they have sacked people for "bringing the company into disrepute" so I'm trying to be careful), their policy did not include searches. We're supposed to be TUPE'd over but more and more conditions are being imposed on us. The job is simply not the same in any respect.

Unions have been involved, other people who work for this company have been on strike already due to not being payed and their conditions being messed with. I feel this is about to happen with us now.

On our part - no thefts have occured. No one has had to be disciplined for any grievance. No one has been rude to a customer, poisoned anyone or caused an accident. It all appears to stem from the amount of money we take, they've bought a business that makes around £30k a week, they expect us to rack that up another £20k (despite job losses in other departments meaning a loss of customer-base)

Cheers for the links. Will pass them on to my workmates too.

 

[ttcycle]

ok, if you have a TUPE agreement then they should stick to this. How do you feel about your union bods? Would they be able to apply some pressure to get these conditions met? I certainly hope they aren't negotiating things down into a hole.

I can see how your colleagues would be worried and despondent. The issue is it seems like you guys have gone through a lot with the TUPE etc but one crux of the issue is if people lose their jobs - where does it leave them? Basically are people desperate and willing to fight or do you think people are more likely to leave? In a time like now,it may be the case as to not rolling over to unreasonable demands - the issues with the food storage sounds very dodgy- at the least you can check your local council to see if they have any environmental health guidelines etc...may be possible to get them in? If you thought it would help.

Don't do this alone- get some backing from the union and ACAS if needed.

Good luck

 

[Archie_tect]

ACAS are there to help before the situation gets beyond control..... ie NOW! Ring up the Hampshire Regional office and get help while you can still talk to your employers. No good arguing about after you've all walked out in frustration, providing you want to stay. You can be looking for another job while you're still in this one.

They can advise you how to approach your employers with a view to airing issues which with the ACAS's support you can negotiate a productive and appropriate solution- identifying what is reasonable behaviour to expect from both sides.