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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
    Fruityloop wrote: »
    I'm 17 and began a weekend job for a small company on the 1st April 2012. I have asked the owner of the company when I would be receiving my contract but was told that they're not given out until 6 months of working because of a trial period. As soon as I had worked there 6 months, the office would liase with the owner and a contract would be issued. Nearly 2 months after this supossed 'trial period', I'm still awaiting a contract, however my manager has said that she's been told I'm not getting one as I'm only part time staff. Since starting the job nearly 8 months ago, my hours have been halved. I've been told a legal requirement is to be issued with a contract within two months of starting work, is this correct? If so, how do I go about trying to resolve this as I have now asked on a number of occassions and don't seem to be getting anywhere.
    Any help would be much appreciated. Thank you in advance.

    Hi

    You are indeed entitled to a written contract within 2 months of starting work. It makes no difference if you are part –time or on a so called trial period. Please follow the link below to the law regarding rights to written statement of your main terms and conditions. You need to put your request in writing (and keep a copy of the letter) if you haven’t already done so. This gives you some protection if they were then to respond by dismissing you. Please follow the link and read through the information and note the comments at the end about visiting your local Cab for help.

    http://www.adviceguide.org.uk/england/work_e/work_rights_at_work_e/contracts_of_employment.htm#employees_right_to_written_details_about_the_employment_contract
    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"
  • CAB_Malvern_Hills_representativeCAB_Malvern_Hills_representative Organisation Representatives - Private Messages may not be monitored
    153 posts
    Daydell wrote: »
    Hi,
    The company that I work for is going through a very difficult period having lost a major customer and I am concerned that it may be forced to go in toadministration in the near future. I am 49 and have worked there full-time for justover 20 years. I am in the fortunate (or so I thought) position of having a 6 month notice period and I am also just in the higher tax bracket.

    If the company is forced to go in to administration then I know there would not be sufficient cash for redundancy or similar employee related payments.

    Can you please tell me what are my rights concerning redundancy payments and also payment for my notice period. I understand that I would only get statutory redundancy and that this is capped at a maximum weekly wage of £430? Is this true?

    Is there a similar cap in respect of payments for the notice period? I also have quite a number of untaken holidays even some from last year which haven’t taken because it’s been all hands to the pump trying to keep the business afloat.

    I guess I wouldn’t be entitled to any benefits and therefore every penny would count. Many thanks for any advice that you can give me.

    Hi

    Please follow the link below to the adviceguide information on rights to redundancy pay and how it is calculated. You are right in that it is calculated on a maximum of £430 per week. The item also explains the position if your employer stops trading.

    http://www.adviceguide.org.uk/england/work_e/work_work_comes_to_an_end_e/work_redundancy_e/redundancy_pay.htm#how_much_is_statutory_redundancy_pay

    The link below explains your rights to notice.if you have been there for 20 years then either the maximum statutory notice period would apply ( 12 weeks ) or more of your contract allows for it. If they cannot give you the full period of notice you would be owed pay in lieu of it. Likewise you would be entitled to outstanding accrued holiday pay if you leave part way through your leave year not having taking all accrued holiday to date.

    http://www.adviceguide.org.uk/england/work_e/work_rights_at_work_e/basic_rights_at_work.htm#notice_of_dismissal

    Ideally your employer should give correct notice and you would continue to work it out, in which case your normal wages should be paid. If the employer becomes insolvent and you have to go to an Employment tribunal ( ET ) to get your money then all arrears of pay owing would be subject to the same cap as above. Obviously you could be owed a considerable amount of money. Suggest you visit your local CAb for help with these issues especially if your employer cannot pay you in full what you are entitled to . There are strict time limits which would need to be adhered to if you have to take action at an ET. This isn't an issue while you are still employed.
    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"
  • CAB_Malvern_Hills_representativeCAB_Malvern_Hills_representative Organisation Representatives - Private Messages may not be monitored
    153 posts
    roddycam wrote: »
    A friend has worked for a local firm for 8 years in a managerial capacity. She has broken her ankle in two places and has had an operation to insert pins and a plate, and has been signed off work for 4-6 weeks. When she told the firm, a director said they would only pay her Statutory Sick Pay, the result being that she plans to return to work within the next week, despite being on crutches and in pain.

    I feel this is unfair. Does she have any rights in this matter?


    Hi
    Unless her contracts states otherwise or she can show by custom and practice that other employees have received full pay while off sick then the only statutory obligation on employers to pay sick pay is the statutory sick pay scheme. She could cite her long work record to try and negotiate a better deal.

    Follow the link below to the information on work and sickness :

    http://www.adviceguide.org.uk/england/work_e/work_time_off_work_e/off_work_because_of_sickness.htm

    If she broke her leg while at work and her employer has some responsability for this then she might have grounds for a personal injury claim. see below :

    http://www.adviceguide.org.uk/england/law_e/law_legal_system_e/law_personal_injury_e/personal_injuries.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"
  • CAB_Malvern_Hills_representativeCAB_Malvern_Hills_representative Organisation Representatives - Private Messages may not be monitored
    153 posts
    I would really appreciate some help with this:

    I've been working at a company for around 9 months on a zero hours contract. I have taken no holiday days whatsoever and have averaged perhaps 35 hours per week the whole time I've been there but more recently (the last two months or so) slightly more. I want to give my two week notice and leave and assumed that I would simply be able to 'cash in' my holiday pay accrued. After having a confusing conversation with my manager where they explained that I would be paid an average of my hours done per week over the last 12 weeks, I completely lost track of what I was trying to establish (mainly due to them talking to me as if I was inconveniencing them or was stupid). I understand the bit about the 12 weeks - fair enough(ish) but what I don't get is exactly how many weeks or days worth at that rate I'm entitled to if I leave without having actually taken any holiday? It's really done my head in as I just thought that it would just be calculated by taking into consideration the total hours I've worked since I've been there (it's within a leave year after all). To make it a bit clearer - When I leave (without having taken a single days holiday all year), will I be paid one, two or three weeks worth at this rate or am I obliged to actually take the holiday which I am due before leaving? I'm actually moving away so just want to hand in my notice and get what I assumed would be rightfully due to me and just paid as it was accumulated.

    I really would appreciate some help. This is starting to look like a disappointing end to a really terrible, depressing job. One that I've worked very hard at too...

    Thanks.


    Hi

    You are entitled to a minimum of 5.6 weeks' holiday per full leave year. This is called statutory holiday. The start and end times of the leave year might be laid down in your contract of employment if you have one. If not then the leave year commenced on the day you started work and you will have currently built up 9/12 of a full leave year’s holiday entitlement.

    A week's holiday should be equivalent of your normal working week but this is obviously difficult to work out in your situation being on a zero hours contract so it may be easiest to calculate holiday entitlement that accrues as hours that are worked. The holiday entitlement of 5.6 weeks is equivalent to 12.07 per cent of hours worked over a full year.

    The Business Link website has an online calculator to help with the calculation of holiday pay. It can be found at www.businesslink.gov.uk. Have a look at the site and try to use it to work out your own individual entitlement.

    When you leave your job you should be paid any holiday pay owed to you. If you employer refuses, you can ask an employment tribunal to enforce your rights. You must make a claim within three months of the date your employment ended.

    Please visit your local CAB if you would like further clarification or help in resolving this issue. Hope that this helps
    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"
  • CAB_Malvern_Hills_representativeCAB_Malvern_Hills_representative Organisation Representatives - Private Messages may not be monitored
    153 posts
    fin54 wrote: »
    I have worked for the NHS for 23 years with a 30 hr contract , an amendment was made to my contract in 2005 for 20hrs night duty and 10 hrs day or night , I have worked 30 hrs night duty since 2005 having never worked day duty.
    The unit I work in is now closing (residential care of the elderly) they are now saying they have no night duty posts within the trust and I need to take a 30 hr day duty post, this is not suitable to my needs as I want to remain on nights.
    I would be grateful with any help on this issue

    HI

    Assuming what your employer is saying is correct , namely that there are simply no longer any night posts then this situation may effectively be a potential redundancy situation. If so your employer would be obliged to try and find you suitable alternative work if it exists which may be what they have done in offering you a day shift. Please follow the link below to the information on adviceguide about redundancy.

    http://www.adviceguide.org.uk/england/work_e/work_work_comes_to_an_end_e/work_redundancy_e/when_can_your_employer_make_you_redundant.htm

    Suggest that you get advice in person from your local CAB taking your contract of employment with you. The latter may allow your employer to change your terms and conditions in any event. Perhaps you could negotiate with your employer to return to night work at some point once a suitable vacancy becomes available. You could raise a grievance about what has happened but if there are simply no posts available at present then your options may be limited
    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"
  • CAB_Malvern_Hills_representativeCAB_Malvern_Hills_representative Organisation Representatives - Private Messages may not be monitored
    153 posts
    grizzzler wrote: »
    My team is currently undergoing a restructure. I work in the IT department of a department store and at the moment we support the computers and the tills. Our team is going to be split into a computer team and a till team. Out of 10 of us, 4 of us will go into the computer team and 6 will go into the till team.

    But here is where things get dodgy. The computer team will work better shifts (9-5 mon to fri) and the till team will work silly shifts (which includes a late shift 1pm-9.30pm), the till team will work weekends, bank holidays will be required, "occasional" overnight shifts will be required, and travel to remote sites that are 2 1/2 hours away from where I live will be required. They've told us that our job no longer exist and we are to apply with a 1st and 2nd choice to these job roles.

    In our current role bank holidays are optional, overnight shifts are not required and travel to remote sites are not required. Each of us has an individual meeting next week to consult with us. We requested a group meeting but they refused. We have all agreed that we will not apply for anything until we have greater clarification on what the new roles entail, as once we apply for a job if we get offered the poo job and turn it down we are not entitled to redundancy.

    I think the reason they created a vanilla ice cream job and a poo sandwich job is to play us off against each other. Everyone will apply for the new roles with their fingers crossed to get the vanilla ice cream job but then they offer 6 of us the poo sandwich job and if we turn it down we are effectivity resigning.

    I've been reading up a bit on redundancy and found out that they either have to offer us "suitable alternative work" or make us redundant, and that "suitable alternative work" has to be similar in terms of pay, hours, status and location to our current role. Given that our current job does not require bank holiday shifts, overnight shifts and travel to remote sites I do not consider this to be similar.

    Can the company claim that this new role is "suitable alternative work" and claim we are resigning from our job if we do not apply for it? I am taking into account that the HR department has been doing this for years and we are all green to something like this.

    What is likely to happen if we all only tick our 1st choice box and not a second choice given that we don't consider the other choice to be "suitable alternative work"?

    HI

    You are correct in what you have read up on . On the face of it this seems to be a potential redundancy situation and if all 10 of you apply for the "nice" job then there are going to be potentially 6 redundancies if none of you want the "till Job" unless they can argue that the sutiable is indeed "suitable suitable work ".Whether the alternative job that your employer offers you is suitable will depend on a number of things. These include:
    • the sort of job it is
    • the pay you will get
    • the hours you'll have to work
    • where the job is located
    • your skills, abilities and personal circumstances.
    Your employer doesn't have to offer you a similar sort of job or a job in the same workplace. Each situation would need to be looked at on its merits in detail to decide if indeed the "poo job" is suitable but from what you have said this seems to be in doubt.

    You are doing the right thing and consulting with them to find out more before deciding what to do. Also employees can have a trial period in the alternative job if they are facing redundancy and if it doesn't work out still retain the right to redundancy pay ( assuming it really isn't suitable ).

    Follow the link below to the information on when a reduancy situation arises :

    http://www.adviceguide.org.uk/england/work_e/work_work_comes_to_an_end_e/work_redundancy_e/when_can_your_employer_make_you_redundant.htm

    Also see the section below on offers of suitable alternative work and trial periods :

    http://www.adviceguide.org.uk/england/work_e/work_work_comes_to_an_end_e/work_redundancy_e/redundancy___procedures_your_employer_must_follow.htm#suitable_alternative_job_offers

    You could visit you local cab for in depth advice on these issues taking your contracts of employment with you. Altimately you can also make claims to an employment tribunal if they refuse to pay redundancy pay where it is legitimatly oweing .
    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

    You are correct in what you have read up on . On the face of it this seems to be a potential redundancy situation and if all 10 of you apply for the "nice" job then there are going to be potentially 6 redundancies if none of you want the "till Job" unless they can argue that the sutiable is indeed "suitable suitable work ".Whether the alternative job that your employer offers you is suitable will depend on a number of things. These include:
    • the sort of job it is
    • the pay you will get
    • the hours you'll have to work
    • where the job is located
    • your skills, abilities and personal circumstances.
    Your employer doesn't have to offer you a similar sort of job or a job in the same workplace. Each situation would need to be looked at on its merits in detail to decide if indeed the "poo job" is suitable but from what you have said this seems to be in doubt.

    What if the job is based in the same location as the current job but in the proposed role travel to a remote site is required? The job is still in Knightsbridge but the new role will require visits to Thatcham, which is 56 miles away. What chance do you think we have if we claim that is unsuitable?

    Likewise with the hours. Likely it will be a day job but in the new role "occasional overnight shifts" are required. If there is no maximum shifts specified for the overnight shifts and the remote visits can we claim they are therefore indefinite? What chance do you think we have if we claim on that basis that the job is unsuitable?
  • pm3pm3 Forumite
    4 posts
    Hi,

    My employer has recently ask me to pay for a work jacket (solely for use at work) which has the company logo on it. Have they they right to do this?
  • CAB_Malvern_Hills_representativeCAB_Malvern_Hills_representative Organisation Representatives - Private Messages may not be monitored
    153 posts
    grizzzler wrote: »
    What if the job is based in the same location as the current job but in the proposed role travel to a remote site is required? The job is still in Knightsbridge but the new role will require visits to Thatcham, which is 56 miles away. What chance do you think we have if we claim that is unsuitable?

    Likewise with the hours. Likely it will be a day job but in the new role "occasional overnight shifts" are required. If there is no maximum shifts specified for the overnight shifts and the remote visits can we claim they are therefore indefinite? What chance do you think we have if we claim on that basis that the job is unsuitable?

    Hi

    You can certainly continue to negotiate with your employer with regard to what is suitable and get clarification of what is being offered, otherwise as you say you risk your employer arguing that they are indefinate.

    The issue of suitability effectively arises if the unsucessful candidates for the nice job say the "poo job" is unsuitable and want redundancy pay. If the employer then refuses to pay it and was taken to tribunal over it the onus would be on them ( the employer ) to show that the job offer was suitable and reasonable for the employees to accept taking account of the factors mentioned. The tribunal would look closely at individuals circumstances and their point of view. They would also be guided by caselaw. We cannot really say in this forum whether on the facts of the case what you are describing is suitable or not. You should try to reach a resolution with your employer over these issues and ACAS may possibly be able to help with the negotiations
    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"
  • I have a question regarding my husbands employment I was wondering if you could help with. About 8 weeks ago my husband had a suspected TIA (mini stroke) and has been off work ever since having tests/scans etc. My question is, he is a bus driver and if it is confirmed that it was a TIA then he will be unable to return to work in the capacity of a bus driver and his employer, being a small business would be unable to redeploy him elsewhere. So where does he stand? I have been told that he would be enititled to one weeks pay for each year he has worked for the company because he will be dismissed due to health reasons. Is this correct? I thank you for any help you will be able to give.
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