Employer trying to force me to resign

[The Don]

Hey, I just want to know if my employer can do this, it feels like he is trying to force me to resign.

So i've worked for a cinema chain for over 18 months both full time and part time. Numerous other workers have two jobs and my manager is aware of that.
I've received and offer from another company to work 5am-10am five days a week (the days which I work change every week as do my days off). I wish to continue working for the cinema still but part time (you get free cinema tickets which is the main reason I wish to continue working there, and I will also be on a 3 month probationary period at my new job so I don't want to end up on the doll if I leave the cinema job and also get fired during my first 3 months at the new place).

I changed my available working times at the cinema to 5-10pm on Tuesday, Wednesday and Thursday. My manager phoned me today as he wasn't happy and although he didn't directly say it, it felt like he was trying to force me to hand in my notice. He said that the hours I’ve requested wouldn't work for the company and aren’t viable as I haven't put down any weekend shifts (although this is odd because various other staff members don't work weekends) I then agreed that I would be willing to work a 5-10pm on Saturdays as well, my manager then said that this wouldn't be viable as there needs to be (legally) a 12 hour gap between the two jobs which obviously mean i wouldn't be able to start work at the cinema until 10pm (the latest available shift starts at 5pm). He then told me to go away and think about what I want to do and then get back to him.

I'm over 18, it seems odd that I would need a 12 hour gap between two five hour shifts at different jobs, especially considering I’ve done 10,12 and 14 hours shifts before at the cinema whilst working within a 12 hour period the next day. Can anyone help?

Oh, at the cinema, I'm contracted for 4 hours a week (as is everybody else)

[efq]

For the gaps between shifts, I believe he is correct in saying that, but I don't believe its always enforced. As long as you get 24 hours off within a 6 day gap then it usually is fine. (I really ought to know seeing as I employ young people but don't take my word for it haha).

I just believe it is "You have the RIGHT to a 11 hour break", as in, they can't force you to do shifts that close together, but you can opt to if you wish. Just like you can't be forced to work more than 48 hours a week, unless you agree to do so which would require a opt in form being filled in. So working more than 48 hours isn't illegal, same as working shifts so close to each other, as long as you agree to it, then it's not their fault. But if you are working a certain amount of time, you become entitled to some free regular health check or something.

(http://www.direct.gov.uk/en/Employment/RedundancyAndLeavingYourJob/DG_10026688)


What if you are forced to resign against your will?

If you feel that you have to resign (eg because of dangerous working conditions or your employer's behaviour), you may be able to claim constructive dismissal.
If you are thinking about claiming constructive dismissal, you should raise the problem as a grievance before you resign. If you don't, an Employment Tribunal can refuse to hear your constructive dismissal claim or reduce the amount of compensation you receive.
Be careful, though, because constructive dismissal is not always easy to prove.

Constructive dismissal (http://www.direct.gov.uk/en/Employment/RedundancyAndLeavingYourJob/Dismissal/DG_10026696)
http://www.direct.gov.uk/en/Employment/RedundancyAndLeavingYourJob/DG_10026688

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Constructive dismissal

In cases which employees feel under pressure to resign they will usuallybring a claim for constructive dismissal, meaning that essentially they weredismissed because they had no option but to resign.

For this to be successful an employee should not simply resign but insteadfollow the company’s procedures for bringing a grievance complaint.

This information should be found in the company handbook and, whilst at thetime may not seem to have any chance of success, it may well be vital at anysubsequent employment tribunal. This is because from an employee’s point of viewconstructive dismissal claims can be avoided if the correct procedure isfollowed.

If an employee raises a statutory grievance, the employer must endeavour toensure they resolve the employee’s problem. If they do, the employee is unlikelyto resign and subsequently claim constructive dismissal and possibly unfairdismissal.

If they do resign and the company has put a grievance procedure in placewhich the employee should have known about and did not follow, then theirchances of success at an employment tribunal are greatly reduced.

This highlights the importance for employers to have thorough and fairgrievance procedures.

If you feel under pressure to resign at work you should book an appointmentwith a solicitor who should be able to give you quick and accurate advice on howto proceed.

[The Don]

Someone at another forum said


According to this (http://www.direct.gov.uk/en/Employment/Employees/WorkingHoursAndTimeOff/DG_10029451), what he's referring to is 'daily rest'. However, both of those shifts could be counted as being part of one days work, meaning that there is no legal need for a gap between them. And it's 11 hours, not 12, between shifts. The situation you will be in is comparable to working split shifts with the same company.

There's no legal reason why you can't work both jobs, unless your contract says otherwise. For instance, there may be a clause about the shifts at the cinema always taking precedence or similar. Your employer may, however, not like this - but they are resting their argument on the wrong things.



---------- Post added 20-08-2012 at 01:52 PM ----------


For the gaps between shifts, I believe he is correct in saying that, but I don't believe its always enforced. As long as you get 24 hours off within a 6 day gap then it usually is fine. (I really ought to know seeing as I employ young people but don't take my word for it haha).

I just believe it is "You have the RIGHT to a 11 hour break", as in, they can't force you to do shifts that close together, but you can opt to if you wish. Just like you can't be forced to work more than 48 hours a week, unless you agree to do so which would require a opt in form being filled in. So working more than 48 hours isn't illegal, same as working shifts so close to each other, as long as you agree to it, then it's not their fault. But if you are working a certain amount of time, you become entitled to some free regular health check or something.

(http://www.direct.gov.uk/en/Employment/RedundancyAndLeavingYourJob/DG_10026688)

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Thanks, I'm going to phone them now and see how it goes...

[efq]

Yeah, shout loud, not literally, but make it clear you're not going to pushed around. Make it aware that they can't do that and you'd like to sort it out professionally before you need to contact the correct people regarding your employment at the company whom are trying to force you out.

I work 56hrs+ plus some weeks, and I may not be on premises after them shifts, but I could be working on the business system from home all night and go in the next morning, so no break between shifts haha. I guess seeing as its a chain cinema company, they will have strict rules from their ** that wouldn't allow it.

[Catchy]

If you're only contracted to four hours a week how can they argue with that? You don't HAVE to take overtime if you don't want it surely?

[Demi]

You have to have an 11 hour gap between the SAME JOB. Not other jobs. The other job he has no right over.
I know people who work 18 hour days (2 jobs). How do they get their 11 hours rest? They don't.

He's full of it and you should just put your foot down. They cannot fire you without good reason.