Basic rights at work & Redundancy

zzzLazyDaisy · 24 November 2012 at 8:54PM

Hello Queenbelbake

The CAB representatives do not post on weekends. In the week they aim to reply within two working days.

If you require a quicker answer you may also wish to post on the normal employment board of the forums.

Dx

CAB_Malvern_Hills_representative · 26 November 2012 at 12:12PM

pm3 wrote: »

Hi,

My employer has recently ask me to pay for a work jacket (solely for use at work) which has the company logo on it. Have they they right to do this?

Hi

We feel it is likely that your employer should pay for this unless your contract states otherwise. (This would certainly be the case if clothing were needed for health and safety reasons).

Check this with ACAS on : 08457 47 47 47.
Monday-Friday, 8am-8pm and Saturday, 9am-1pm

If they insist you may need to raise a grievance to try and resolve the matter

CAB_Malvern_Hills_representative · 26 November 2012 at 12:29PM

Queenbelbake wrote: »

I have a question regarding my husbands employment I was wondering if you could help with. About 8 weeks ago my husband had a suspected TIA (mini stroke) and has been off work ever since having tests/scans etc. My question is, he is a bus driver and if it is confirmed that it was a TIA then he will be unable to return to work in the capacity of a bus driver and his employer, being a small business would be unable to redeploy him elsewhere. So where does he stand? I have been told that he would be enititled to one weeks pay for each year he has worked for the company because he will be dismissed due to health reasons. Is this correct? I thank you for any help you will be able to give.

Hi

If his employer does decide to dismiss him then if he has no additional contractual notice entilement ( that would give notice in addition to the statutory rules ) then as you say he would be entitled to 1 week for each complete year of employment up to a maximum of 12 weeks.

There is another issue here which you have touched on , namely that his employer would be seeking to dismiss him on grounds of ill health which they technically can do provided certain procedures are followed which include looking at whether there are other jobs that he could do or possibly be trained up for. If correct procedures are not followed then potentially this can lead to a finding of unfair dismissal.

Click on the link below for more information on this :

http://www.adviceguide.org.uk/england/work_e/work_work_comes_to_an_end_e/dismissal.htm

Suggest your husband visits his local CAB ( when he is well enough ) who can explain the rules in depth and apply them to his situation. They may be able to help you in managing your finances and/or gaining additional income if he does lose his job. Depending on his age and other factors he may be able to negotiate an improved "retirement" package perhaps with the help of his union if there is one.

Breast_Cancer_Survivor · 3 December 2012 at 1:09AM

My mum was injured at work on Friday. She was picking from the racking above her head but someone hadn't cut a hole in the front of the box so she tipped the box up to reach inside & a box weighing 9.5kg hit her in the face nearly knocking her out. The same thing happened to my sister who also works there a couple of weeks ago & she reported it to her team leader at the time.

My mum who is 61 if that makes any difference threw up not long after & felt giddy/lightheaded so they dropped her off at the local hospital. The nurse told her she had concussion & to go home to rest. She now has a big lump on her head & still has a headache so won't be going back to work tomorrow either.

My questions are:

1. Do they have to pay her as she is only off work as she was injured due to the stockers not doing there job properly?

2. Can they discipline her according to their abscence management procedure for having time off?

Many thanks

Vicki

dibblersan · 3 December 2012 at 5:58PM

Hopefully a quick question:

Does time served as an apprentice count for employment rights?

2 situations

1. When moving onto a perminant contract does time served as an apprentice count with no break in service towards the 2 years of employment rights?

2. When moving onto a fixed terms contract does time as an apprentice count towards the rights you have at the time of renewal?

Youriwanbull · 3 December 2012 at 9:18PM

Hi,
I have been working as a joiner in a small firm for around 8 years. We have been struggling with work for a while and been put on short time, on and off for a couple of years.
More recently, after another short time period I have been laid off for 3 weeks and been told I will be made redundant. I went to a meeting today and was told my notice period would be 2 weeks on, 2 weeks off, with the weeks on, being short time.
The weeks off will be unpaid and I will only be paid short time for the weeks on. Is this legal, or am I due 8 weeks full pay?

zzzLazyDaisy · 3 December 2012 at 10:50PM

@breastcancer survivor, dibblersan, and youriwanbull...

You should each start new threads for your own query, as the CAB Representative has already answered the Original Poster's question and therefore may not re-visit this thread.

CAB_Malvern_Hills_representative · 4 December 2012 at 6:21PM

Breast_Cancer_Survivor wrote: »

My mum was injured at work on Friday. She was picking from the racking above her head but someone hadn't cut a hole in the front of the box so she tipped the box up to reach inside & a box weighing 9.5kg hit her in the face nearly knocking her out. The same thing happened to my sister who also works there a couple of weeks ago & she reported it to her team leader at the time.

My mum who is 61 if that makes any difference threw up not long after & felt giddy/lightheaded so they dropped her off at the local hospital. The nurse told her she had concussion & to go home to rest. She now has a big lump on her head & still has a headache so won't be going back to work tomorrow either.

My questions are:

1. Do they have to pay her as she is only off work as she was injured due to the stockers not doing there job properly?

2. Can they discipline her according to their abscence management procedure for having time off?

Many thanks

Vicki

Hi

In response to your questions :

(1) Sick pay. Unless her contract gives her additional rights to contractual sick pay then her only entitlement in law to sick pay will be that which is available via the statutory sick pay scheme.
Follow the link below to information about this :

http://www.adviceguide.org.uk/england/work_e/work_time_off_work_e/off_work_because_of_sickness.htm

She could also try and negotiate full pay from her employer given that she has experienced an injury at work

(2) It would be very unfair of her employer to discipline her for having time off since from what you are saying she has injured herself at work and is currently unable to work. If they try to do this then she should raise a grievence about the way she is being treated. The disciplinary procedures should cover genuine matters where an employees performance falls short of what is to be expected ( not issues like this which appear to be beyond your mothers control )

CAB_Malvern_Hills_representative · 4 December 2012 at 6:42PM

dibblersan wrote: »

Hopefully a quick question:

Does time served as an apprentice count for employment rights?

2 situations

1. When moving onto a perminant contract does time served as an apprentice count with no break in service towards the 2 years of employment rights?

2. When moving onto a fixed terms contract does time as an apprentice count towards the rights you have at the time of renewal?

HI

(1) Yes - If an employer gives an apprentice a job when the apprenticeship ends, the period that s/he served as an apprentice counts towards the period of her/his continuous employment for the purposes of employment protection such as unfair dismissal, redundancy and maternity rights.

(2) Fixed term contracts are a more complicated issue suggest that you talk to ACAS in detail about this or visit your nearest CAB . ACAS can be found on 08457 47 47 47.
Monday-Friday, 8am-8pm and Saturday, 9am-1pm

dibblersan · 6 December 2012 at 12:24AM

Thanks. Will do.

Basic rights at work & Redundancy

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