Employment law - part time staff query

judygarland

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cazziebo

Unless it's changed recently employers don't have to give a reason for dismissal during the first 12 months (unless there are special circumstances such as pregnancy, disability etc).

Also, you have no recourse to a tribunal if you lose your job within the first 12 months of employment, unless you are claiming unfair dismissal on grounds of discrimination.

Your friend is correct - so worth hanging on for that last month. Of course, you are not then bullet proof, but employers have to be a lot more careful.

judygarland

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SomeBozo

pm came and no sign of my colleague so I left to collect my children from school.

If there is a problem with hours you need to raise this as a on-going issue. You need keep a diary of events and make it clear to your line manager which parts are not acceptable.

What you can't do is walk off from your job at a designated time. That will lead to the sack whether its in or out your first year!

Bozo

judygarland

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London05

What does your contract state - this document is really important as anything agreed verbally is difficult to argue.

You are entitled to ask for flexible working hours and the employer must consider your application and give darn good reasons if they turn you down.

May I refer you to the ACAS website the info is really good and you can ring their helpline and speak to someone.

I have been to a Employment Tribunel hearing (on the employers side) and it is not something to take lightly , even if you win would you really want to remain with your Employer.

There are employers out there that are very flexible but they do tend to be supermarkets or bigger firms, small Companies are usually very flexible or not at all there seems to be no middle ground.

Whatever you decide good luck and don't stay somewhere that is making you unhappy life really is too short for that.:rolleyes:

judygarland

What does your contract state - this document is really important as anything agreed verbally is difficult to argue.

I need to get it out and have a study I think. From memory it says additional hours may be required.

You are entitled to ask for flexible working hours and the employer must consider your application and give darn good reasons if they turn you down.

I have always been part time with them so its not as if I am trying to change my hours or anything.

May I refer you to the ACAS website the info is really good and you can ring their helpline and speak to someone.

Thanks for that, I will have a read.

I have been to a Employment Tribunel hearing (on the employers side) and it is not something to take lightly , even if you win would you really want to remain with your Employer.

There are employers out there that are very flexible but they do tend to be supermarkets or bigger firms, small Companies are usually very flexible or not at all there seems to be no middle ground.

Whatever you decide good luck and don't stay somewhere that is making you unhappy life really is too short for that.:rolleyes:

You're right! I need to work to pay the mortgage (I wouldnt otherwise) and I didn't have children to palm them off on childminders, I want to be there for them.



Cheers

Incisor

SomeBozo wrote: »

... What you can't do is walk off from your job at a designated time. That will lead to the sack whether its in or out your first year!

That surely needs some clarification.

• Is the breach on the part of the OP for leaving just after the scheduled time of 3pm or on the part of the colleague who did not turn up as agreed?
• Are you saying an employer can demand someone to stay after the time scheduled for finish on a particular day with effectively no notice?

surreysaver

SomeBozo wrote: »

What you can't do is walk off from your job at a designated time. That will lead to the sack whether its in or out your first year!

Bozo

I think you are wrong there. Legislation specifically states you can walk off from your job if childcare arrangements break down. And if they sack you you can take them to a tribunal for discrimination in that event, even if you've been on for less than a year.

SomeBozo

Incisor,

What we know is

Her contracted hours where until 3pm. She was told someone would come in to relieve her at 3pm. That didn't happen. She needs to go at 3pm to meet childcare obligations.

We don't know what kind of job she does. Does she work in a care home and responsible for care?

What should have happened is at 3pm, she should have raised the need to leave with her line manager or MD or whatever. To simply up and leave is not a sensible way of doing things.

Contracts usually state total hours of work, sometimes the times are fixed, but most contracts state "met flexibly to meet the needs of the service".

Down tooling and walking off site leaving it unstaffed is at best a good telling off, at worst dangerous (we dont know the job type) and sackable offence. She had control of the situation when she let her collegue leave early, so thats a staff compliment of 2 down to 1. Then she leaves, down to 0. If I was MD and knew nothing of the problems that day, to find no-one working, I would be annoyed too.

Are you saying an employer can demand someone to stay after the time scheduled for finish on a particular day with effectively no notice?

Depends on the contract. Mine says "37 hours over 5 days, usual working 9-4:30, however these hours delivered flexibly to meet the needs of the service". So yes, they can make me stay an hour over 4:30, but I could take an hour back the next day or whatever.

Legislation specifically states you can walk off from your job if childcare arrangements break down. And if they sack you you can take them to a tribunal for discrimination in that event, even if you've been on for less than a year.

Rubbish. Most employers will have a "domestic emergency" or "Special leave policy" that allows you to leave work early for children or domestic reasons (ie flooding etc).

Its not a "down tools and walk off" policy. There is a procedure. You need to inform your line manager/ colleagues. There needs to be a handover of work. An arrangement made for contact, ie "Ring me if you can't find the file" etc.

Bozo

surreysaver

SomeBozo wrote: »

Incisor,
Rubbish. Most employers will have a "domestic emergency" or "Special leave policy" that allows you to leave work early for children or domestic reasons (ie flooding etc).
Bozo

It is not rubbish. The law says that if you need to take dependants leave, the effect on the employer is irrelevant. Yes, you need to inform your manager at the earliest opportunity - perhaps this is where the OP has fallen down, but you are allowed the time off. If you home is flooded that is different - a flooded house is not a dependant person.