Anyone know about Employment Law

SarEl

McKneff wrote: »

Argyll and Argyllshire is my favourite part of Scotland, have holidayed there often allthough not for five years or more.

Beautiful, beautiful scenery.

And archaeology! And distilleries! My personal favourite combination.

SarEl

agrinnall wrote: »

I doubt if there's anything that could be done about the shifts or hours anyway as I imagine the employer would be able to average them out over a longer period than a month. I'm sure SarEl will know for sure once the whisky wears off :beer:

Off the top of my head I think it has to average out over 17 weeks - but I wouldn't swear to that as I have been in the Loch Fyne Whisky shop most of the day! Unfortunately by internet connection is flaky and I can't easily get at my usual reference souces, even if I could read two tabs at once!

agrinnall

SarEl wrote: »

Off the top of my head I think it has to average out over 17 weeks - but I wouldn't swear to that as I have been in the Loch Fyne Whisky shop most of the day! Unfortunately by internet connection is flaky and I can't easily get at my usual reference souces, even if I could read two tabs at once!

Flaky internet - welcome to the wonderful world of rural Scotland! And I don't like whisky so I can't even drown my sorrows in a dram

McKneff

SarEl wrote: »

Off the top of my head I think it has to average out over 17 weeks - but I wouldn't swear to that as I have been in the Loch Fyne Whisky shop most of the day! Unfortunately by internet connection is flaky and I can't easily get at my usual reference souces, even if I could read two tabs at once!

I was in the Loch Fyne Whisky shop today, that wasnt you doing some impronptu break dancing in the middle of the whisky tasting demonstation, was it? :rotfl::rotfl:

Skillz2

SarEl wrote: »

(I say at least because the law will be changing to 2 years at some point).

This is not a done deal.

SarEl

Skillz2 wrote: »

This is not a done deal.

Of course it isn't. In so far as it isn't yet law. But the government have stated that they will be bringing such legislation forward, and to date I see nobody capable of stopping them doing so.

getmore4less

Was there no communication in writing.

Usual to have a job offer with some basics.

Or an email or two with some details clarifying pay hours holiday etc.


Kicking up a fuss is probably a no no, because of the lack of protections.

Casual enquiries about the hours and weekends, and how they will ballance out over the next few months.

Also check the others peoples rotas now and n the past if you can try to assess the culture, new boy does weekends till they complain could be the norm.

Overtime not paid, if TOIL was mentioned ask how this is recorded and managed when taken. eg before/with/after holidays, any limits on total accrual, carry over rules.

Ask about holiday policies, any fixed day(eg bank holidays and whan is the holiday year(to avoid finding you get to the end and lose them, also check the first year prorata holidays allocated are correct.

Its all about sussing it out over time. in writing with emails/memos if possible to get a set of records that show the company policies

talk to others about how stuff gets done.

If you want to do the "whats the law" stuff start here
http://www.legislation.gov.uk/ukpga/1996/18/contents

Loads of other stuff to read but that should keep you going for a while, it's a good read.

ahll

getmore4less wrote: »

Was there no communication in writing.

Usual to have a job offer with some basics.

Or an email or two with some details clarifying pay hours holiday etc.


Kicking up a fuss is probably a no no, because of the lack of protections.

Casual enquiries about the hours and weekends, and how they will ballance out over the next few months.

Also check the others peoples rotas now and n the past if you can try to assess the culture, new boy does weekends till they complain could be the norm.

Overtime not paid, if TOIL was mentioned ask how this is recorded and managed when taken. eg before/with/after holidays, any limits on total accrual, carry over rules.

Ask about holiday policies, any fixed day(eg bank holidays and whan is the holiday year(to avoid finding you get to the end and lose them, also check the first year prorata holidays allocated are correct.

Its all about sussing it out over time. in writing with emails/memos if possible to get a set of records that show the company policies

talk to others about how stuff gets done.

If you want to do the "whats the law" stuff start here
http://www.legislation.gov.uk/ukpga/1996/18/contents

Loads of other stuff to read but that should keep you going for a while, it's a good read.

No there has been absolutely nothing in writing not even the job offer..it has all been done verbally. But as I say they dont seem to be sticking to tht either. No details of sick pay or disciplinary procedure or notice period if they were to occur etc.

More questions are being asked everytime my partner goes to work to try and find out what the sytems are etc.

So within 2 months a contract should be given...is this without it being asked for ?

Thanks for the feed back

ahll

getmore4less wrote: »

Was there no communication in writing.


If you want to do the "whats the law" stuff start here
http://www.legislation.gov.uk/ukpga/1996/18/contents

Loads of other stuff to read but that should keep you going for a while, it's a good read.

Thanks for the link i have just been taking a look. I always thought for notice you had to give a weeks noitce if your weekly paid and 1 monthly noitce if monthly paid.

From what I can make out the '86 Rights of employer and employee to minimum notice.' section seems to be saying if you have worked there a month or more 1 weeks notice is suffieceint. Also a week if you have worked there less than a month.

Do I understrand that correctly ? Presumably this could be extented if in a written contract it says a different time period eg one month ? Like in my partner least job 2 months notice was required...a long time.

"The notice required to be given by an employee who has been continuously employed for one month or more to terminate his contract of employment is not less than one week."

KiKi

ahll wrote: »

So within 2 months a contract should be given...is this without it being asked for ?

Thanks for the feed back

No, there is no legal right to a 'contract'. A contract exists whether you have it on paper and signed or not.

What you are entitled to is a Written Statement of Particulars within 2 months of starting. Which is to say a statement containing the basics you need to know: salary, hours, job, location of work. That sort of thing. The company's policies and practices make up the rest of the stuff that isnt on the Statement.

You may have to ask for it. Although it is a legal requirement, be aware that in practice there's little you can do about getting it, as you cannot take them to ET over this alone (if you are taking them to ET for something else, you can add this onto the back of another claim).

HTH
KiKi