Employer not giving contracted hours

j-josie

sniggings wrote: »

You need HR on your side or not worth the heartache.

I agree that that will be the deciding factor. Thanks for your input

zzzLazyDaisy

Hi, I am sorry, I have only just come across this thread.

Firstly, one thing that you should be aware of is that if an employer changes the terms of the contract, and the employee continues to work under the contract they are deemed to have accepted the change. It is therefore very important that she does raise this issue with HR.

The other thing you should be aware of is that if your daughter has diagnosed mental health problems that are sufficient to hospitalise her, it is highly likely that her condition amounts to a 'disability' within the meaning of the Equality Act 2010. This means that it is unlawful to discriminate against her on the grounds of her disability (such as calling her a 'nutter'). The employer also has a duty to make reasonable adjustments to their working practices to enable her to continue to work for the company. This may include, for example, not applying the normal absence procedures as rigidly, or allowing a phased return to work. This may be important as and when she is well enough to return. However the employer does not have any duty towards her, unless she makes her disability known to them, so it is important that she is quite clear about her illness and the effect that this is having on her, when she raises the issue with HR.

Unfortunately the government pulled the funding on the EHRC helpline, but there is a new Equality Advisory and Support Service.
Phone: 0800 444 205 (I don't know how good they are, so if you do speak to them, feedback would be welcome).

If you have a local DIAL they may also be able to offer advice and assistance.

Finally, I know from personal experience how heartbreaking it is to have a loved one driven to self harming, and you have my sympathy.

Dx

j-josie

She is going to ring HR and ask to have someone from HR dept to be present at a 'back to work' meeting with manager.
The outcome she is looking for is to be allowed to work a guaranteed 30 hour week without fear of discrimination or having hours withheld at random.
DD has no interest in pursuing a battle over past misdoings.
She would like it to be amicable but we expect the manager is going to be very defensive as she has been acting as a bit of a 'maverick'..so I feel DD should be allowed to take a third party to the meeting to support her ( and even up the numbers!)
Do you think this sounds a reasonable request?

Jinx

HR are a support function for the company-so while they might attend the meeting I wouldnt expect them to be on your daughters 'side' as such; they will at best be neutral but normally protect company interests. Can your daughter take a union rep, assertive friend or solicitor instead?

ohreally

j-josie wrote: »

I feel DD should be allowed to take a third party to the meeting to support her ( and even up the numbers!)

This would not really be the remit of HR, DD may wish to review this intention.

j-josie

sorry, i guess i didn't express myself very well. I didn't mean that HR would be on DD's side. Just that they should be there as the neutral side of the employer, rather than her just seeing the manager who has been bullying her and has obvious problems dealing with issues in the correct manner.

So I felt the meeting should comprise of HR, immediate manager, DD..and then I thought she should have another person present as support for herself ( thus my evening up the numbers comment _ 2 on the employers side, and 2 on employee's side).

I would like to go myself; I am accustomed to dealing with difficult conversations in my job and think I could keep things on a calm basis, but don't want to force that as I am aware that I can be a 'control freak' (in a loving, maternal way, of course ) & she might be happier to have her partner there. She is not in a union.

Savvy_Sue

You can ask, but it would be unusual to be accompanied at such a meeting. If there's a disciplinary going on then the employer has to allow a union rep or colleague to attend, but there's no right to have anyone else there.

sniggings

the rule is a union rep or a friend from the same work place, but that is only for disciplinary cases, I doubt a back to work interview would be covered in that.

She could still ask the rep if there is one as some will still support non members, I know my last work place would support part time workers, and new members of staff.

zzzLazyDaisy

j-josie wrote: »

I feel DD should be allowed to take a third party to the meeting to support her ( and even up the numbers!)
Do you think this sounds a reasonable request?

Jinx wrote: »

Can your daughter take a union rep, assertive friend or solicitor instead?

Employers are not obliged to allow third parties to attend internal meetings, and in practice it is very rare for employers to allow this. The exception being that, if the employer recognises a union, they will often allow the union rep to accompany an employee to a meeting, even though it is not strictly covered by the guidelines (which only apply to disciplinary and grievance meetings).

OP the best thing you can do for your daughter, is to make sure that she does not go back to work before she is well enough to cope, and that when she does return to work, HR are made fully aware of the problems in a calm and non-judgemental way. It might also be worth asking for a OHA assessment so that the company are made aware of any steps that might be taken to ease her back into work.

Do be aware that if HR agrees to a phased return to work, gradually building up to normal hours, she will only be paid at the part-time rate during that period - but many employers will allow the employee to use outstanding holiday leave to supplement the paid days. Also remember that she is still accruing holiday leave entitlement during her sick leave.

Dx

j-josie

Thank you for the advice. I wondered if it was asking too much to ask for somebody to be in with her..and it seems it is
In which case, I shall have to hope that she will be strong enough to put her points across.
Wish her strength and luck....

LazyDaisy, you said that once she is back at work she should make HR fully aware of the problems. She wants to be signed fit for work on 21st Dec, and the 22nd would be her first day back. So, shouldn't she try to get things sorted with a manager/ HR meeting on 21st, to clear the air etc?
I find it hard to think she could cope going back to the situation as it was - it all needs to sorted out before she returns, but is that how these things work?
Going back on 22nd will be too soon in my opinion, if she is going back to be bullied again. But if she was going in to some sort of agreed timetable, then it would be ok for her to try, at least..