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taratill
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6342
Experience:  15 years experience of advising on employment law matters
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I had a contract imposed on me 2 years ago. when signing the

Customer Question

I had a contract imposed on me 2 years ago. when signing the contract i also gave them a letter saying that i was signing it knowing that i would never be able to fulfil it and that it would lead to me going through disciplinary proceedings. in the last 2 years i have never managed to fulfil my contract. now they want to start to discipline me.
Submitted: 1 year ago.
Category: Employment Law
Expert:  taratill replied 1 year ago.

Hello my name is ***** ***** I am happy to help you today. How long have you worked with your employer for?

Customer: replied 1 year ago.
12 years i am a retained fire fighter with humberside fire and rescue service
Expert:  taratill replied 1 year ago.

What are the disciplinary proceedings for?

Customer: replied 1 year ago.
not meeting my contractual hours. its long winded but here goes
between mon-fri 6am - 6pm i must provide 3hrs cover only for the whole period. not a problem
between mon-fri 6pm - 6am i must provide a minimum 17 hrs cover. not a problem
between friday night and saturday night 6pm - 6am i must provide a minimum 15hrs
between 6am -6pm saturday and sunday i must provide a minimum 15hrs
i told them at the time that this was unacceptable for them to require so much cover on a weekend when i do a 55 hours a week in my day job and have a family as well
Expert:  taratill replied 1 year ago.

are you the only person in this position, have you got union support with this?

Customer: replied 1 year ago.
I have to provide more cover than any one else on the station at weekends. how is this fair
yes i am in the fbu but they backed this ridiculous scheme and they have no real interest in the retained fire service
Expert:  taratill replied 1 year ago.

Why have you got to provide more cover than anyone else at the weekend?

Customer: replied 1 year ago.
if i was self employed and could give cover during the day they (a self employed retained fire fighter) decided that that is prime cover and more important than evening cover. those that give day cover give less cover on a weekend than those that give cover on a weekend
as i cannot overlap my jobs i must give cover on a weekend
Customer: replied 1 year ago.
than those that give cover on a night . sorry
Customer: replied 1 year ago.
i used to be on a 70 hour contract. this meant so long as i gave 70 hours cover anytime i was in contract
Expert:  taratill replied 1 year ago.

Ok so what would you like to know about this?

Customer: replied 1 year ago.
after 2 years of failing to meet this new contract. baring in mind that not one person has brought this up as an issue. Are they in their rights to discipline me. or would it be deemed that they have accepted my position and should now at least try to compromise my hours with no loss of earnings. Or better still can i just carry on doing what i am doing
Expert:  taratill replied 1 year ago.

Have they actually started disciplinary proceedings?

Customer: replied 1 year ago.
no not yet but i am under investigation pending
Customer: replied 1 year ago.
i want to stop this before it starts
Expert:  taratill replied 1 year ago.

I am still unsure what the allegation is please can you give the exact wording?

Customer: replied 1 year ago.
the allegation is that I am failing to meet my contactual hours on the weekend. This is true. i have never met the contactual hours on a weekend
Customer: replied 1 year ago.
i to;d them at the start that i couldnt possibly meet 30hrs in a 48hr period
Expert:  taratill replied 1 year ago.

But this has been the case for a period of 2 years since the new contract?

Customer: replied 1 year ago.
nearly every week
Expert:  taratill replied 1 year ago.

So why is it an issue now and not before?

Customer: replied 1 year ago.
I have no idea
Expert:  taratill replied 1 year ago.

I think that this is the point you need to emphasise if they have allowed you to work in this way for the last 2 years then it is unreasonable for them now to discipline you. If you were to be dismissed for this it is my opinion that you would have a claim for unfair dismissal.

If you have any further questions please do ask. If I have answered your question I would be grateful if you would take the time to rate my answer. Thank you and all the best.

Customer: replied 1 year ago.
thank you for your help
Expert:  taratill replied 1 year ago.

No problem Ian, I would be grateful if you would take the time to rate my answer before leaving the site as I am not otherwise credited for my time. Thank you and all the best.

Expert:  taratill replied 1 year ago.

Hello Ian is there anything further you would like to know about this ?