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New Job . No contract . No Breaks .

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Comments

  • paddedjohn
    paddedjohn Posts: 7,512 Forumite
    Part of the Furniture
    He's not sweeping chimneys is he?
    Be Alert..........Britain needs lerts.
  • AP007
    AP007 Posts: 7,109 Forumite
    hawk30 wrote: »
    The whole 'if he has less than two years service, they can let him go for no reason' isn't exactly true. There are a number of instances where a dismissal can be automatically unfair and two years' service is irrelevant. One of these instances is assertion of a statutory right, which the no breaks thing could come under. So, if he rocked the boat on this and was dismissed for it and had some evidence of it, this would be unfair dismissal.
    How do you get evidence you are not allowed any break at all though?
    We’ve had to remove your signature. Please check the Forum Rules if you’re unsure why it’s been removed and, if still unsure, email forumteam@moneysavingexpert.com
  • AP007 wrote: »
    How do you get evidence you are not allowed any break at all though?

    Covert recording. It's not easy. Employer might suspect something if you start talking a certain way.
  • mandi
    mandi Posts: 11,932 Forumite
    Part of the Furniture Combo Breaker Stoptober Survivor
    hawk30 wrote: »
    The whole 'if he has less than two years service, they can let him go for no reason' isn't exactly true. There are a number of instances where a dismissal can be automatically unfair and two years' service is irrelevant. One of these instances is assertion of a statutory right, which the no breaks thing could come under. So, if he rocked the boat on this and was dismissed for it and had some evidence of it, this would be unfair dismissal.
    AP007 wrote: »
    How do you get evidence you are not allowed any break at all though?
    fruitedeli wrote: »
    Covert recording. It's not easy. Employer might suspect something if you start talking a certain way.

    I'm sure he could do a covert recording , but yes I agree it would be difficult to get the wording right as you say fruitedeli;

    Hawk ty for your reply too . I feel he's stuck between a rock & a hard place . :(

    I really appreciate all of your replies . TY . :j
  • Podge52
    Podge52 Posts: 1,913 Forumite
    I would walk rather than let my employer take the pi** like this but I'm at the end of my working life and your lads only at the start.
    In his position I would stick it out while putting 110% effort into finding another job.
  • DKLS
    DKLS Posts: 13,461 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    No real advice to offer, other than full respect to your son Mandi for sticking it out, at a similar age I would have told him to shove it, but it was a damn site easier to get another job back then.

    Tell him to keep his head down and get looking for something else, and keep an open mind about family run organisations as they are prone to such shiite management.
  • mandi
    mandi Posts: 11,932 Forumite
    Part of the Furniture Combo Breaker Stoptober Survivor
    Podge52 wrote: »
    I would walk rather than let my employer take the pi** like this but I'm at the end of my working life and your lads only at the start.
    In his position I would stick it out while putting 110% effort into finding another job.
    DKLS wrote: »
    No real advice to offer, other than full respect to your son Mandi for sticking it out, at a similar age I would have told him to shove it, but it was a damn site easier to get another job back then.

    Tell him to keep his head down and get looking for something else, and keep an open mind about family run organisations as they are prone to such shiite management.


    Thank you both very much for your comments i'll let him know .

    :)
  • He *could* start to enforce his rights, however if the employer wanted to they could get rid of him. He would then have to try and claim it was because he'd enforced his rights but any dodgy employer with a bit of common sense would concoct some other reason to get rid of him or engineer a situation to get him out or just bully him out. :(
    The good things about this situation is that your son has had a job for 6 months (it's not like he's been there a week and walked out or something). Is he learning any useful skills he can utilise? The only problem is likely to be getting a reference :( I'd only stay if I had to, until I found another job or I was picking up massively useful skills for the future.
    df
    Making my money go further with MSE :j
    How much can I save in 2012 challenge
    75/1200 :eek:
  • cashbag
    cashbag Posts: 127 Forumite
    I have worked for several small family firms & afraid this is how many operate. They think that rules do not apply to them & they will close ranks against non-family if you make any complaint, no matter how justified. Best strategy is to keep his head down, play along with them, but start looking for something else - anything to get out of there even if only temporary or seasonal work. Don't slag them off to potential direct employers, but he can always explain the problems to an agency or the job centre people.


    In applying for other jobs he could say he found being in a family firm was claustrophobic because there is no structure or line of command & he wants a more professional working environment, where he understands what his own position is in the hierachy. He feels he has learnt as much as he can in his current workplace & there is no opportunity for career enhancement/promotion as family priorities will always keep him on the bottom rung of the ladder.


    It is very difficult situation for him. I work part-time & am at the end of my working life, not the start, but my current "family" are aware of just how much damage I could do if they crossed me! I know all their secrets & lies in the finance department. But I am careful & watch my back because any dispute would see me out of a job. I am not suggesting your son makes any sort of threat to them, but if he does get the chance to "shop" them (to stop them doing this to someone else) when he has escaped then good luck to him!
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