Flexible working rights

Nikkei

Hi,

my partner works part time in a health club. He started fulltime in 2006 and had a fulltime contract, when he left for another job they offered him a part time job of eight 8hr shifts a month, but apparently there was never a new contract wrote up. This month they have said they don't want him to work at all (so no extra money which we need!!). Can they do this? We're not sure if it is permanent or just this month, if it is permanent would he be entitled to redundancy pay?

any help please...

nikkei

terra_ferma

Hello
I can't really help you much on this, sorry. How do flexible working rights apply to your husband? As far as I know they apply to carers and parents of small children?

LittleVoice

Nikkei wrote: »

Hi,

my partner works part time in a health club. He started fulltime in 2006 and had a fulltime contract, when he left for another job they offered him a part time job of eight 8hr shifts a month, but apparently there was never a new contract wrote up. This month they have said they don't want him to work at all (so no extra money which we need!!). Can they do this? We're not sure if it is permanent or just this month, if it is permanent would he be entitled to redundancy pay?

any help please...

nikkei

Have they said why they don't want him to work?
Was there a gap between his leaving to start the other job and his working for them part-time?
When did the part-time work begin?
Since he started under the new arrangements, has there ever been a month when he didn't get eight shifts?
Does he book holiday?
Do they say "you will be required to work on X, Y and Z days this month" - or do they say "are you able to work on X, Y and Z days this month?"?

Nikkei

Hi Guys

Thanks for your quick replies

In answer to your questions, they have said due to cost cutting they are unable to give him any shifts this month. When he started his job as a fireman he was off for 6 months at most due to training and has been working part time hours for 2 1/2 years, he does book holidays and last month was the only month they haven't given him eight shifts but when he spoke to his manager he said it should be a one off, his manager knew on monday this week they were not offering him any shifts at all but never contacted him to let him know he has now gone on holiday and left the admin assistant to pass on the message. The original manager arranged the whole shift thing and that Ian would give them before the end f the month all days he could work and they would give him 8 shifts. They asked him to come back as he is good at his job and people warm to him very easily. This sucks so bad i'm in full blown panic mood. Without these wages we can't afford to pay off any debt oh fooey!!!

bigheadxx

Nikkei wrote: »

Hi Guys

Thanks for your quick replies

In answer to your questions, they have said due to cost cutting they are unable to give him any shifts this month. When he started his job as a fireman he was off for 6 months at most due to training and has been working part time hours for 2 1/2 years, he does book holidays and last month was the only month they haven't given him eight shifts but when he spoke to his manager he said it should be a one off, his manager knew on monday this week they were not offering him any shifts at all but never contacted him to let him know he has now gone on holiday and left the admin assistant to pass on the message. The original manager arranged the whole shift thing and that Ian would give them before the end f the month all days he could work and they would give him 8 shifts. They asked him to come back as he is good at his job and people warm to him very easily. This sucks so bad i'm in full blown panic mood. Without these wages we can't afford to pay off any debt oh fooey!!!

If he has worked for the employer for over 1 year he may have a case for unfair dismissal. Check the contract (the old one will suffice) to see if their is any provision for short time working or lay off periods.

Redundancy is a legitimate form of dismissal but the employer has to follow the right procedure.

However before doing anything to antagonise your partners employer you should find out exactly what they are intending. ie are they likely to offer him shifts next month?

LittleVoice

Nikkei wrote: »

When he started his job as a fireman he was off for 6 months at most due to training and has been working part time hours for 2 1/2 years,

So it appears he had a break in his employment (the six months). I assume that he was issued with a P45 to take to the new employer - which would also demonstrate the break. This then means he has 2.5 years service in his current role.

Redundancy pay, if that is what the situation is, would be payable in respect of the two completed years of service. It wouldn't be very much.

As he books holiday and it seems it is not a casual contract (ie one where they offer work and your husband can decide whether or not to accept it), then that would add weight to his being eligible for redundancy pay if it comes to that.

BTW does he also get paid holiday? He should.

As already suggested, he needs to find out what their future intentions are.

mberry77

i had a similar problem a few years ago. Just because there was no written contract doesnt mean he has no rights. he is entitled to redundancy or sue them for unfair dismissal. think its a weeks wages for every year he worked and any holiday pay paid up. either way he will be entitled to something

bigheadxx

mberry77 wrote: »

i had a similar problem a few years ago. Just because there was no written contract doesnt mean he has no writes. he is entitled to redundancy or sue them for unfair dismissal. think its a weeks wages for every year he worked and any holiday pay paid up. either way he will be entitled to something

Whilst there are many "rights" implied in a verbal contract and by statute a written statement of terms and conditions of employment is always the best place to start. There may be a provision for lay offs and short time working.

Redundancy pay is only payable if it is a genuine redundancy and not a sham redundancy whereby an unfair dismissal claim would have to be pursued. However not matter what the legal situation if you are happy in this job and will receive paid work in the future a couple of weeks redundancy or compensation is a hollow victory.