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How to go about this?

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Comments

  • You still haven't told us why he decided he didn't have to go to work without calling anyone.
  • It was down to a personal matter which I stated above. This was sorted on the Tuesday when he went back.
  • essexlass wrote: »
    It was down to a personal matter which I stated above. This was sorted on the Tuesday when he went back.

    It won't have helped that it was January 4th, the first working day of the year :-/

    Still, though, highly dodgy actions from the company.
    £1 / 50p 2011 holiday flight + hotel expenses = £98.50600


    HSBC 8% 12mth regular savings = £80 out of a maximum remaining allowance of £2500


    "3 months' salary" reserve = £00 / £3600 :eek:
  • jdturk
    jdturk Posts: 1,636 Forumite
    essexlass wrote: »
    ACAS have been go betweens my partner and the company but the company have now claimed he left and that they offered him his job back but to work from 8.30am till 5.30pm. ACAS have said because they offered my partner his job back that a tribunal wouldn't go very far but surely on the circumstances of being paid £300 for 59 hours work per week which is less than minimum wage is not a reason for him not to go to a tribunal?

    He was receiving £300.78 (before tax) which is still under the minimum wage by about 20-30p. If he had gone back and worked 8-6 he would have been working for £5.08 an hour!

    presumably with an hours unpaid lunch this makes it 40 hours if its a 5 day week which is then not under the NMW
    Always ask ACAS
  • My partner was never given lunch breaks at the company so it does fall under the NMW.
  • jdturk
    jdturk Posts: 1,636 Forumite
    yes but if its in the contract that he gets 1 hours lunch break it makes it more difficult, doesn't make a differance if he wasn't taking them really as the company could turn around and say the hour was there for him to take
    Always ask ACAS
  • Acas will be the way to go , im not sure what type of company this is but they dont seem to have followed any sort of procedure for gross misconduct/dismissal, i would fight for it :)
  • Anihilator
    Anihilator Posts: 2,169 Forumite
    Tbh its quite sad that a company can't sack people who dont show up or explain why without this hassle.
  • jdturk
    jdturk Posts: 1,636 Forumite
    Anihilator wrote: »
    Tbh its quite sad that a company can't sack people who dont show up or explain why without this hassle.


    they can they just need to follow a procedure
    Always ask ACAS
  • ableandy
    ableandy Posts: 265 Forumite
    Check your home insurance for legal cover, otherwise go and see a no win no fee employment specialist.

    Do not accept this as it contravenes so many Employment Laws.
    :jI am an Employment Law Paralegal and an experienced Human Resources Manager and offer my guidance as simply that ... guidance :j
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