My partners workplace

Dalkirst

Thanks that's what i thought i will do that,cheers:)

dro

As has been said an employer is not allowed to withhold payment to an employee for work done. If someone left without notice an employer would still have to pay them up to the day they left and then would have to take the ex-employee to court to reclaim any actual losses suffered as a result of them leaving without notice. You should definately get more advice from CAB about this.

As for asking for references and proof of ID, I think that is a reasonable request for a carehome to make of it's employees if they have not been previously provided.

Dalkirst

Just to update the owner has now cut the staff's hours just like that.It's normally 3 care staff per shift but that's been cut back to 2 now.We only found out today and it starts from tomorrow so where's the notice in that?

We dug out my other half's contract that she signed when this person took over the home in 2001 and she has actually put the bit about keeping a weeks wages back incase you leave without notice in there.Will the CAB have a field day over that or is it a case of well it's in there and she signed it?
I will post some of what's in the contract below which i thought might be of interest:

Restraint of Trade:

Employees shall not at any time during the term of this contract and for a period of 3 months after the termination of employment with the company establish,purchase,or obtain an interest in,either directly or indirectly any buisness in relation in any way to the company within a radius of 3 KM without the express written consent of the management of the company,provided that such consent shall not be unreasonably withheld.

Now am i reading that as she's saying you can't get another job with a care home etc within 3km unless she says you can?


Hours of work:

The employer reserves the right to alter the employees work schedule with a short notice

Now she only found out today that it was now 2 care staff per shift so that is bound to mean less hours

Where economic condiotions are such that existing hours or work cannot be sustained by the employer,the employer will consult with employees to dertermine mutually acceptable arrangments to overcome the problem.Where the problem cannot be resolved by negotioans the employer may reduce the hours of work after 7 days notice in writing has been given.

Again as above she only found out today about the 2 staff and has been giving any warning about hours being cut.Maybe they won't be but i can't see how they won't with one less staff member in each shift.


This is the one about keeping the weeks wage back:
All wages shall be paid monthly.One weeks wage will be held by the employer after signing the contract.This will be returned to the employer on the termination day of his/her employement contract after any deduction has been made.

And finally this one.She has been told that she has to give a months notice for holiday dates but that's not what it says here:

Annual holidays shall be taken at a time to be agreed by the employer and the employee and,failing agreement,as directed by the employer.The employer shall give not less than 2 weeks notice of requirement for the employee to take annual leave.The emploee shall give not less than 2 weeks notice of dates preferred for annual leave.

TAZ

As said earlier, i would check with CAB regarding rules and regs for this care home, for one i would have thought dropping the number of staff per shift may be in conflict with rules and regs as i am sure there should be a member of staff per number of residents.
my mum had a private home a number of years ago(so may be old news) but at the time she had to have aa certain number of staff.
the local council mightbe very interested in the way this home is been run each home has to pass certain check to stay open so that sort of thing would be checked

Dora_the_Explorer_5

This is the one about keeping the weeks wage back:
All wages shall be paid monthly.One weeks wage will be held by the employer after signing the contract.This will be returned to the employer on the termination day of his/her employement contract after any deduction has been made.

Years ago it used to be quite common for low paid staff to have to work a week 'in hand' which meant they had to work two weeks before being paid and were paid for the second week only, the first week being paid when the person left. I guess that if the employee signed the contract they agreed to it.
Re the reduction in numbers of staff on duty. This is governed by the local council the home is registered with and is a national standard, the ratio is residents to staff but there will be a minimum number of staff however few residents are there. Your local Age Concern will be able to advise what the ratio is for the care home.

Restraint of Trade:

Employees shall not at any time during the term of this contract and for a period of 3 months after the termination of employment with the company establish,purchase,or obtain an interest in,either directly or indirectly any buisness in relation in any way to the company within a radius of 3 KM without the express written consent of the management of the company,provided that such consent shall not be unreasonably withheld.

This usually appears in hairdressers contracts, strange that it would appear in one for a care home and for such a short period. My reading of it is that it prevents employees from opening their own care home with or without partners during that period. I could be wrong !
Hope this helps.

dro

Dalkirst wrote:

Restraint of Trade:

Employees shall not at any time during the term of this contract and for a period of 3 months after the termination of employment with the company establish,purchase,or obtain an interest in,either directly or indirectly any buisness in relation in any way to the company within a radius of 3 KM without the express written consent of the management of the company,provided that such consent shall not be unreasonably withheld.

Now am i reading that as she's saying you can't get another job with a care home etc within 3km unless she says you can?

A restraint of trade clause is more usual in contracts for key employees. I would be suprised if the employer took any action if your partner went to work for another care home in the area.

Dalkirst wrote:

Hours of work:

The employer reserves the right to alter the employees work schedule with a short notice

Now she only found out today that it was now 2 care staff per shift so that is bound to mean less hours

Where economic condiotions are such that existing hours or work cannot be sustained by the employer,the employer will consult with employees to dertermine mutually acceptable arrangments to overcome the problem.Where the problem cannot be resolved by negotioans the employer may reduce the hours of work after 7 days notice in writing has been given.

Again as above she only found out today about the 2 staff and has been giving any warning about hours being cut.Maybe they won't be but i can't see how they won't with one less staff member in each shift.

If it is the owners intention to cut your partner's hours then it would appear that he needs to give seven days notice. Your partner should check that it is his intention (perhaps someone is resigning or he is going to make someone redundant?). If he is cutting hours then your partner needs to make sure that he knows that he is obliged to consult with the employees concerned and give them seven days written notice beforehand.

Dalkirst wrote:

This is the one about keeping the weeks wage back:
All wages shall be paid monthly.One weeks wage will be held by the employer after signing the contract.This will be returned to the employer on the termination day of his/her employement contract after any deduction has been made.

This being in the contract (that your partner has presumably signed) may change things. I think an empoyer has the right to make a deduction from wages if it has been agreed by the employee in advance in writing.

Dalkirst wrote:

And finally this one.She has been told that she has to give a months notice for holiday dates but that's not what it says here:

Annual holidays shall be taken at a time to be agreed by the employer and the employee and,failing agreement,as directed by the employer.The employer shall give not less than 2 weeks notice of requirement for the employee to take annual leave.The emploee shall give not less than 2 weeks notice of dates preferred for annual leave.

I would read this to say that the dates of any holiday need to be acceptable to the employer so if your partner asked for a holiday in three weeks the owner could probably decline it on the grounds that he needs more time to arrange cover (but he must be reasonable).

I must stress that I am not a lawyer and you should get proper advice. I would suggest that your partner speaks to the owner to find out exactly where she stands on any issues that she has and if she's still not happy you should phone ACAS (08457 474747 Mon-Fri 8:00-18:00) or vist the CAB to find out if there is anything you can do about it.

Dalkirst

Thanks again guys for all your replies it's much apreciated:)

Hopefully she won't be there much longer anyway as we are fed up with the place and she is now looking at going into home care.

chugalug

Everyone has statutory rights set down in law which cannot be over-ridden by a contract, even one signed by the employee.

OP, just to say that there aren't many care homes that do recognise unions. Thats how they get away with paying such poor wages to the care staff. You can join a union on your own and pay them by DD. The employer won't recognise any negotiations with the union but in situations such as this they would have been handy to have checked your contract and advise you of your rights.