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Basic rights at work & Redundancy

edited 30 November -1 at 1:00AM in Basic rights at work & Redundancy
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  • CAB_Malvern_Hills_representativeCAB_Malvern_Hills_representative Organisation Representatives - Private Messages may not be monitored
    153 posts
    india wrote: »
    I work for a charity commisioned by the local authority to provide services.

    I am a single parent and I am having problems with my child that will now have to attend a different school 2 days a week. I have no choice in this but I will have to reduce my working hours by 5 hours on those 2 days but have offered to make up the hours on the other 3 days as I normally finish at 3 I could work till 4.30/5. (so still in working hours)

    My workplace have refused. We are being threatned with redundancyies and i think they'd prefer me to leave know so they dont have to pay me redundancy pay.

    Can they leagally say no. knowing no one else can take my child to school and he legally has to go?

    Thanks in advance

    HI

    As a working parent it is likely that you have the right to request flexible working and have your request seriously considered by your employer. Please follow the link below to the section on adviceguide which covers Parental Rights and go to the section on the right to ask for flexible Working. This outlines how this can be done and what you can potentially do if you are refused.

    http://www.adviceguide.org.uk/england/work_e/work_rights_at_work_e/parental_rights_at_work.htm

    Please visit your local CAB if you need further clarification or help to resolve the situation.
    Official CAB Representative
    I am an official representative of CAB. MSE has given permission for me to post in response to questions on the CAB Board. You can see my name on the companies with permission to post list. If you believe I’ve broken any rules please report my post to [email protected] as usual"
  • MsBootyMsBooty Forumite
    286 posts
    100 Posts
    ✭✭
    I work for the NHS and the Trust I work for are going through yet another restructure

    We have been informed about the MAR (Mutually Agreed Resignation) scheme and I am contemplating this. However we have a deadline of the end of the year for applications and I do not think that I will find suitable/alternative employment within this short period.

    Therefore I need to know whether I would be entitled to any benefits or is the MAR scheme classed the same as voluntary redundancy/resignation where you are not entitled to benefit for 6 months? Also if my application was accepted, would I have to work my notice of 4 weeks?

    thanks in advance for any advise/help

    (previously posted in the wrong place)
    :j BIG THANKS TO ALL COMP POSTERS, MUCH APPRECIATED :j
  • CAB_Malvern_Hills_representativeCAB_Malvern_Hills_representative Organisation Representatives - Private Messages may not be monitored
    153 posts
    MsBooty wrote: »
    I work for the NHS and the Trust I work for are going through yet another restructure

    We have been informed about the MAR (Mutually Agreed Resignation) scheme and I am contemplating this. However we have a deadline of the end of the year for applications and I do not think that I will find suitable/alternative employment within this short period.

    Therefore I need to know whether I would be entitled to any benefits or is the MAR scheme classed the same as voluntary redundancy/resignation where you are not entitled to benefit for 6 months? Also if my application was accepted, would I have to work my notice of 4 weeks?

    thanks in advance for any advise/help

    (previously posted in the wrong place)

    HI

    To determine whether the scheme does count as voluntary redundancy depends on its terms and conditions which would need to be examined in looked in detail at so ideally you would need to see someone in person at your local Cab to determine if indeed it meets the definition. Whether you would have to work your notice or could go on “Garden Leave” depends again upon the terms of your existing contract with your employer or whether you could negotiate this option with them.

    Jobseekers Allowance is the only benefit that is effected when someone voluntarily gives up work but voluntary redundancy ( if that is what the scheme is ) doesn’t count as voluntary giving up work under the rules or this benefit. The benefits you would be entitled to depend on a range of factors such your own circumstances, whether you have a partner, children, housing status, savings etc. Follow the link below to the Adviceguide website form more information on these:

    http://www.adviceguide.org.uk/england/benefits_e/benefits_help_if_on_a_low_income_ew.htm

    You can do a benefit check on the turn2us website below. If you have any further benefit questions please post them on the benefits board

    http://www.turn2us.org.uk/

    Lastly if you opt to take part in the scheme you need to be sure that you can manage financially until you are able to secure alternative work. This is obviously very important.
    Official CAB Representative
    I am an official representative of CAB. MSE has given permission for me to post in response to questions on the CAB Board. You can see my name on the companies with permission to post list. If you believe I’ve broken any rules please report my post to [email protected] as usual"
  • Length of shifts - from 24 hours to 28 hrs Can you advise please. I work in a care home and the shift pattern has always been 7.5 hours, starting at 7.00 am or 2 pm, or a 24 hr shift (once a week), 3.00 pm to 10.00 pm, sleep on site, then 7 am to 3 pm.

    We have a new manager who has changed the shift pattern to 3 pm to 10 pm, sleep on site, then 7.00 am until 7 pm. We do not get a break during the shift.

    These 28 hours shifts are shattering - you don't sleep properly because you have to get up and see to clients' needs during the night - sometimes once, sometimes several times during the night. If the people we look after didn't need help during the night they wouldn't be funded for a sleep on site, so it isn't occasional, but regular.

    Also, on occasion, if for example, clients are taken out for the day by family at short or no notice, our manager will send one of us home and we then have to make up the hours at a later date, for example a day off will have to be cancelled to make up 3 lots of 2.5 hr 'send-homes'.

    Several of us on the team have said that we struggle with the new shifts and the 'send-home', but our manager has said that our organisation has opted out of the EU directive about working hours and that changes to shifts while on shift are necessary as our work is not about us but the needs of the organisation. With regard to the change in shift patterns she has said that if we don't like it we should leave.

    I have two queries:

    Can we legally be expected to work these hours - especially given that we do not get a break either side of the "sleep"?

    Can our manager just change our shift pattern without a 'change in working practice' consultation?

    Can we be sent home at a moment's notice and have to work the missed hours later? (it's playing merry hell with my childcare, not to mention my work/life balance - currently nonexistent).

    Thank you.
  • I would say that they cant legally make you work without a break at some point. There are legal frameworks put in place through employment legislation that tell you what your entitlements are. Also thye organisation may have opted out of the EU directive but you as an employee must be asked if you want to opt out . If you havent then i am sure that they are breaking the law. I am of course just a layman like you but i am sure the CAB will tell you the same. I work for the Police and they try it on all the time but get challenged and have to back down. Do you have a union? If not find one and speak top them perhaps or a Lawyer that might help you , good luck , Lozz.
  • CAB_Malvern_Hills_representativeCAB_Malvern_Hills_representative Organisation Representatives - Private Messages may not be monitored
    153 posts
    Length of shifts - from 24 hours to 28 hrs Can you advise please. I work in a care home and the shift pattern has always been 7.5 hours, starting at 7.00 am or 2 pm, or a 24 hr shift (once a week), 3.00 pm to 10.00 pm, sleep on site, then 7 am to 3 pm.

    We have a new manager who has changed the shift pattern to 3 pm to 10 pm, sleep on site, then 7.00 am until 7 pm. We do not get a break during the shift.

    These 28 hours shifts are shattering - you don't sleep properly because you have to get up and see to clients' needs during the night - sometimes once, sometimes several times during the night. If the people we look after didn't need help during the night they wouldn't be funded for a sleep on site, so it isn't occasional, but regular.

    Also, on occasion, if for example, clients are taken out for the day by family at short or no notice, our manager will send one of us home and we then have to make up the hours at a later date, for example a day off will have to be cancelled to make up 3 lots of 2.5 hr 'send-homes'.

    Several of us on the team have said that we struggle with the new shifts and the 'send-home', but our manager has said that our organisation has opted out of the EU directive about working hours and that changes to shifts while on shift are necessary as our work is not about us but the needs of the organisation. With regard to the change in shift patterns she has said that if we don't like it we should leave.

    I have two queries:

    Can we legally be expected to work these hours - especially given that we do not get a break either side of the "sleep"?

    Can our manager just change our shift pattern without a 'change in working practice' consultation?

    Can we be sent home at a moment's notice and have to work the missed hours later? (it's playing merry hell with my childcare, not to mention my work/life balance - currently nonexistent).

    Thank you.

    Hi

    There are several issues here. Firstly employers cannot opt out of the Working Time Directive. It would seem that they are just trying to make you think that they can insist on making you and your colleagues do what they want.

    In terms of rest breaks please follow the link below to the Cab factsheet ( Rest Breaks at Work )on Adviceguide which details your rights to rest breaks, during the day , between each working day and between each working week. If your employer refuses to allow this then the factsheet also tells you what you can do which would initially involve raising a grievance. Perhaps you could all do this jointly describing in writing to your employer how you have been affected. The factsheet also explains how you could involve the Health and Safety Executive.

    http://www.adviceguide.org.uk/england/work_e/work_factsheets.htm

    In terms of the changes that have been imposed you should have been consulted and again you could include these issues in your formal grievance with your employer. Since they are effectively variations to your contract there is another factsheet which gives guidance on how to deal with this particular issue. This is called Changes to Employment Contracts.

    The changes to the shift patterns implemented may also be discriminatory because as you say they are effecting your childcare arrangements.

    Given the nature of your current problems we feel that you would benefit from help in person from your local CAB who should be able to help you with these issues so you should contact them.. If you arrange an appointment to see them please take your contract of employment with you. ( as well as any other documents relating to your Employers working practices.

    The Pay and Work Rights Helpline can give you further help :

    Pay and Work Rights Helpline
    Tel: 0800 917 2368
    Textphone: 0800 121 4042
    Email: available through a form on the website
    Website: http://payandworkrightscampaign.direct.gov.uk/index.html
    Official CAB Representative
    I am an official representative of CAB. MSE has given permission for me to post in response to questions on the CAB Board. You can see my name on the companies with permission to post list. If you believe I’ve broken any rules please report my post to [email protected] as usual"
  • wheelie99wheelie99 Forumite
    2 posts
    Seventh Anniversary Combo Breaker
    MoneySaving Newbie
    Hi there, I wonder if you can help please.

    I have been at my current company for over 10 years with a company car and reasonable private fuel as stated in my contract. They have always allowed me to have the fuel for the 70 mile round trip, 5 days a week, plus any extra that I use privately.

    They are now saying that my fuel card is being taken away and they will give me a salary increase of £2000 for private fuel. After tax etc I will receive £1000. Each year just travelling to and from the office I spend approx £3500 on fuel which means that I would need approx £7000 (less about £500 that I will save i tax) just to cover costs.

    Can they do this as they have been accepting my reasonable mileage for the last 10 years?

    Thanks very much.
  • CAB_Malvern_Hills_representativeCAB_Malvern_Hills_representative Organisation Representatives - Private Messages may not be monitored
    153 posts
    wheelie99 wrote: »
    Hi there, I wonder if you can help please.

    I have been at my current company for over 10 years with a company car and reasonable private fuel as stated in my contract. They have always allowed me to have the fuel for the 70 mile round trip, 5 days a week, plus any extra that I use privately.

    They are now saying that my fuel card is being taken away and they will give me a salary increase of £2000 for private fuel. After tax etc I will receive £1000. Each year just travelling to and from the office I spend approx £3500 on fuel which means that I would need approx £7000 (less about £500 that I will save i tax) just to cover costs.

    Can they do this as they have been accepting my reasonable mileage for the last 10 years?

    Thanks very much.

    HI

    The arrangement you have had forms part of your contract of employment with them either expressly stated in it or by custom and practice over the years. They are proposing a change to that and if you do not agree then this is effectively a breach of that contract.

    Please follow the link below the factsheet called Changes to Employment Contracts on the CAB Adviceguide websitewhich clearly outlines the law relating to this situation and how you should deal with this issue.

    http://www.adviceguide.org.uk/england/work_e/work_factsheets.htm
    Official CAB Representative
    I am an official representative of CAB. MSE has given permission for me to post in response to questions on the CAB Board. You can see my name on the companies with permission to post list. If you believe I’ve broken any rules please report my post to [email protected] as usual"
  • Hi there, i work for a small engineering company with me and one other employee. I turned up for work today and was told there is no work and that we were been made redundant. I've worked for the company for nearly 13 years and on reading various info online i should have had 12 weeks notice + 12 weeks redundancy. As far as i know the company isn't in any real financial trouble yet but, my boss said there is no money to pay redundancys. He has said he will pay us our week in hand and any holidays owing.

    I've read about claiming my notice and stat redundancy money from national ins fund but i have a problem.
    I started working for the company on 12 july 2000 (i have proof in his employment record book) straight out of school but when i spoke to his accountant she told me that he has put my start date down as mid 2002 which will obviously make a difference to my payout.
    Is there anything I can do about this?
    and could you give me an estimate on how long the claim will take?

    Thanks in advance any help will be much appreciated :)
  • Hello,

    I wasn't sure whether I should post this on the redundancy thread or the benefits thread so I hope I've picked the right place. I was told earlier this week that my department at work would be facing massive cuts which were likely to lead to compulsory redundancies. However, I've not been officially told that I, personally, will definitely loose my job.

    I have over £6000 in savings and I was planning to make a lump sum payment into my mortgage when the fixed rate ends shortly.

    However I've heard that if I'm likely to have to take income based JSA after being made redundant, I shouldn't pay a big amount off my mortgage because I would be penalised for decreasing my capital? My question is: as I've not yet been officially told that I will be made redundant (though I know it's a possibility) can I still make the payment into my mortgage without penalty?
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