daughter given boot, advise please (update 9 sept)

alwaysonthego_2

The op should be aware that there is a three month time limit to bring the case forward to a tribuneral so should act quick

silkyuk9

in a previous thread i told you my daughter who is 16 got the boot from her job in a nationwide bakery shop.

i have rung the head office and spoken to a manager regarding the matter and also explained to him rules and regulations that some MSE members advised me.

Anyway, another issue has come to light and i would like some advise on this.

My daughter worked her shift 8am till 2pm on Saturday. at the end of the shift she was basically told that was it.

It has come to light that even though she was working that last day, her manager had decided to give her the boot a at the begininning of the week.

So basically she worked not knowing that she was going to be fired at the end of the day.

Is this ethical?? or normal?

silkyuk9

ive just thought of something else, while speaking to the area manager this morning, she told me that there had been a meeting between my daughter and her manager.

this is news to me,

however, if this is the case, shouldnt my daughter have been informed prior to a meeting so she could have build up a case, and being only 16 shouldn't have she been offered a representive to help her if she did not understand complicated words etc.

surely if a a meeting was about to happen would you get this in writing inviting you to such a meeting?

SuziQ

Didn't you say this in the original post? contact ACAS-they will give you chapter and verse on this.There helpline is free.

silkyuk9

SuziQ wrote: »

Didn't you say this in the original post? contact ACAS-they will give you chapter and verse on this.There helpline is free.

thanks for that, im building up a case so i know what im talking about when contacting various people, it just looks like im keyed in when i discuss the mateers above, also i keep getting other bits of info, and i really want to know the answers, so that i am aware of what im talking about.

any help with the 2 new points above please.

cheers SuziQ

zzzLazyDaisy

I cannot comment on whether this is ethical or normal, but it certainly isn't legal.

Your daughter has more than one year continuous service with the company. It used to be that any service under 18ys did not count, but that is no longer the case and there is no lower age limit for making a claim to an employment tribunal.

If the company had a genuine reason for terminating her contract (eg job cutbacks, misconduct, poor performance or attendance) they had a duty to go through the appropriate procedures. If the company does not have written disciplinary/capability procedures, then it must follow the procedures laid down in the ACAS code of practice, but since it has a head office and a human resources department, the likelihood is that they do have written procedures and those procedures have not been followed.

Your daughter should make an immediate claim to an employment tribunal for unfair dismissal/unlawful deduction from wages/breach of contract.

She should claim compensation for unfair dismissal, unpaid notice pay, and unpaid holiday entitlement.

But be aware that there is a very strict 3 month time limit for making a claim - starting with the day of dismissal go forward three calendar months and back one day. That is the last day for making a claim, but better still, get the claim in as soon as possible. It costs nothing to make a claim, and my bet is that the company will make an offer of settlement rather than get involved in a tribunal case for a fairly small amount (to them).

Re her wages - the NMW for a 16 yr old is £3.40. She would not be entitled to be paid at the same rate as full-time adult workers for two reasons - their NMW is higher, and they may be working over-time or receiving unsocial hours allowance, both of which are perfectly legal. So your daughter is only entitled to NMW.

silkyuk9

zzzLazyDaisy wrote: »

I cannot comment on whether this is ethical or normal, but it certainly isn't legal.

Your daughter has more than one year continuous service with the company. It used to be that any service under 18ys did not count, but that is no longer the case and there is no lower age limit for making a claim to an employment tribunal.

If the company had a genuine reason for terminating her contract (eg job cutbacks, misconduct, poor performance or attendance) they had a duty to go through the appropriate procedures. If the company does not have written disciplinary/capability procedures, then it must follow the procedures laid down in the ACAS code of practice, but since it has a head office and a human resources department, the likelihood is that they do have written procedures and those procedures have not been followed.

Your daughter should make an immediate claim to an employment tribunal for unfair dismissal/unlawful deduction from wages/breach of contract.

She should claim compensation for unfair dismissal, unpaid notice pay, and unpaid holiday entitlement.

But be aware that there is a very strict 3 month time limit for making a claim - starting with the day of dismissal go forward three calendar months and back one day. That is the last day for making a claim, but better still, get the claim in as soon as possible. It costs nothing to make a claim, and my bet is that the company will make an offer of settlement rather than get involved in a tribunal case for a fairly small amount (to them).

Re her wages - the NMW for a 16 yr old is £3.40. She would not be entitled to be paid at the same rate as full-time adult workers for two reasons - their NMW is higher, and they may be working over-time or receiving unsocial hours allowance, both of which are perfectly legal. So your daughter is only entitled to NMW.

thanks for all that, like ive said i have rung their head office and now awaiting for a response which the area manager said i will get through a personel manager.

if however, you think i should start a claim, who do i see, is it ACAS?

zzzLazyDaisy

silkyuk9 wrote: »

ive just thought of something else, while speaking to the area manager this morning, she told me that there had been a meeting between my daughter and her manager.

however, if this is the case, shouldnt my daughter have been informed prior to a meeting so she could have build up a case, and being only 16 shouldn't have she been offered a representive to help her if she did not understand complicated words etc.

surely if a a meeting was about to happen would you get this in writing inviting you to such a meeting?

If a meeting was scheduled under the company's procedures, your daughter should have been given advance written notice of the meeting and the purpose, and told of her right to be accompanied by a fellow employee or trade union rep. She should also have been given the reasons for her dismissal, in writing, with information concerning her right of appeal against dismissal.

Either your daughter isn't telling you the whole story, or the company is trying to fob you off. If you are happy that your daughter was not given the correct written notices, then I'd still make a tribunal claim. As part of the claim your daughter can request a copy of their procedures, and copies of all written documkentation concerning her dismissal including minutes of meetings, letters, internal memoranda, etc, This will help you to build up a picture.

Once the claim has been lodged with the ET, ACAS will become involved and will assist with attempting to negotiate a settlement, and also will give general info re ET procedure, though they can't give legal advice on a particular case.

It sounds to me like the manager has made a mess of things and the area manager is trying to cover his/her back.

silkyuk9

im quite happy with what my daughter has told us.

the area manager told me this moring that i have told her things she was unaware of, on what the shop manager told her.

zzzLazyDaisy

silkyuk9 wrote: »

if however, you think i should start a claim, who do i see, is it ACAS?

You can file an employment tribunal claim on-line. There are simple explanatory booklets available, your local CAB may have them, or telephone ACAS, they will tell you where to get them from and will give you helpful information about making a claim.

When you speak to the HR manager, ask for a written copy of their procedures relating to dismissal, and copies of all notes of meetings, letters to your daughter, written warnings etc. Of course they may refuse citing the DPA (in fact they should refuse, or they will be in breach of the DPA) but they may accept your daughter's telephone instructions so have her in the room with you in case they will acceot her verbal authority to release these documents.

Whatever you do, do not allow the company to employ delaying tactics to talk you out of time - once the three month time limit has expired your daughter loses her right to make a claim to the ET. If in doubt, lodge the claim and sort the finer details out later.