Short time

zzzLazyDaisy

getmore4less wrote: »

It will be cheaper to go small claims in some cases.

Unfortunately the small claims court can only deal with breach of contract claims in employment - all other employment related claims must be heard by an employment tribunal.

Climb46

It may be the odd week but its mainly odd days now. There is no formal agreement -its usually a phone call and I jump. Prior to this short time work was plentiful but obviously its now not. 3 years ago I recd a letter from my employee informing me of the drop off in work but nothing was mentioned about change of hours. It was more a letter to inform me of how things were looking ( bleak) but it did state that they were sure things will pick up and thanked me for my loyalty and patience... 3 years ago! I feel tied - if I leave for another job what do I stand to lose yet what have I lost over these past few years in lost earnings? Alot of money , I suppose I am clinging on for redundancy but how long can they treat me this way? I am paid for the days worked - it goes into my bank account, I havent recd a payslip for about 6 months nor a P60. Sometimes they pay me late and I have to chase it up - yes, I know its disgraceful and not the right way in which to run a business. How long can they let this go on for? I hope i have explained myself - i may have missed answering some of your questions, If so, I apologise - its difficult to keep scrolling down to read the last reply.

Climb46

Grim news then so basically I am well used? The thing is I am the only employee - the business is sliding fast - if I leave now myself
The business will fold and i will lose out? I have worked there 30 years! Is this correct about calculating redundancy pay - what about what i used to earn as full time. So redundancy is calculated off short time pay?

Climb46

I am confused about the 13 week period in which there is no work - not that this Has happened yet as boss always seems to find a day or half a days work, but say it came to this - no work for 13 week, what then? How do i stand - if he makes me redundant what figure does he calculate on for redundancy pay? Also can i sign on when i have no days of work - if i have been paid a days work then i cant possibly claim anything else? The trouble is there are no set days/hours to work - as i said before, boss rings night before, i turn up if any work comes in. Its an awful position to be in. One last question, if I finish myself can i sign on - even though i have been forced to finish. Is this called constructive dismissal - me finishing because of no work and being treated so badly?

Oscargrouch

zzzLazyDaisy wrote: »

I agree - that's why I have put it in my signature to warn people. Discrimination claims will also fall within the new fee structure.

Dx

Very useful information you are providing. I have personally, made three claims in the last three years in the ET system. Did them myself, without formal representation; but with advice along the way from my son who is in a Legal Firm. Two settled out of court; the last one took it to court. I represented myself, with help in document presentation etc. Although I lost, there was a group of Law Students watching the proceedings, their tuitor came to me afterwards and said 'The students enjoyed that, although you lost your case, you out performed the other sides Solicitor. I found that was very encouraging.

Basically, it was a case of Unfair Redundancy & Age Discrimination; they (other side) quoted other cases where it was not a Courts decision as to what a buisness decides is in their best interest or not. Would I do it with the new rules; No Way; the second claim was one I would have won in court; Age Discrimination, evidence was blatant, but I was not after financial gain, just wanted to prove a point. End Of. Such is Life; role on the next Election and hope the people choose wisely, but with self interests at the forefront as opposed to 'the good of all' perhaps they won't.

telboyo

zzzLazyDaisy wrote: »

Okay, then it sound to me that because this has gone on so long, your contract has changed from full time to 'flexible hours'. The time to have challenged this was at the time this change was made, but in my view you would be deemed to have accepted the new arrangments by virtue of the fact that you have continued to work under them for three years.

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This change from full time to flexible interests me- supermarkets generally employ people on 16 hr contracts and then often expect them to work 30-40 hrs per week- many are happy to do this and budget accordingly. Then suddenly they will find they are reduced back to 16 hrs for a week or two as there isn't enough in the salary budget for the staff, the budget for salary is based on sales on a week to week basis.
Is it likely that people who regularly work 30 hrs on a 16 week contract assume that their new contract is now 30 hrs? If so after how many weeks/months does this come into effect?

zzzLazyDaisy

Unfortunately not. If you are employed on a 16 hr contract, the remainder is overtime. Overtime is non-contractual (unless the contract says otherwise, which is rarely). So they can drop or reduce the overtime whenever, and as long as you get your contractual hrs that's fine.