Possible grounds for action?

uptomyeyeballs

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Sinhanada

Ask your friend to put in writing (An email to her manager, or a manager would suffice) asking what duties she should be doing. The reply should either give her something to do, or lay out the expectations. She could also ask for an appraisal and or review.

With regards to walking around the site - it would depend on what it is, but there could be grounds for Health and Safety legislation that she may be in breach of etc.

As for there only being one post out of three, and she hasn't got the post - what has happened to the third member of the team?

uptomyeyeballs

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patman99

How long has she worked for the company?.

getmore4less

if i were keep taking the money and start learning stuff that will be useful.

as above ask what to and play the game

since statutory redundancy is a max of 30weeks pay keeping someone for 18 months makes no sense.


constructive dismissal is a tough one to prove.

who covers the one when they are on holiday?

ihateyes

as above, any employment lawyer will tell you constructive dismissal is the hardest to prove. Is she a member of a Union? if so she should speak to a rep.

Going to a tribunal is very expensive, and can cost easily upto a £1000 if your case is heard,,,, there is also very strict timescales involved in making a claim.

In respect of reprimanding for poor timekeeping etc is this just on the 2 people who are doing nothing or is the same applying for the other staff members???? if its happening on the other members of staff, basically there is no argument. if its just on the 2 people, then there may be an argument.

In order to build anycase evidence needs to be documented...

uptomyeyeballs

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rxp

This is a bizarre situation and I can't understand what the employer is hoping to acheive. I agree with the suggestion that she write to her line manager asking what duties she should be performing.

If they say that no duties are available and no duties will be forthcoming (i.e. this isn't a temporary problem), then I think that would be a pretty good basis for a constructive unfair dismissal claim. But making it involves your friend walking away from a job for the prospect of recoving her notice pay plus a few months' extra pay (up to a year's salary) after a costly, risky and difficult employment tribunal claim.


(This assumes she has 2 years' service - otherwise all she can hope to recover is notice pay.)


If I was your friend I would just stick it out while trying my hardest to find a new role.

getmore4less

uptomyeyeballs wrote: »

I can't really see the point in doing what they're doing to her. If they don't want her (which they clearly don't), give her what she's due and give her a chance to do something else. You can only read so many books!

I don't think anyone covers the lady who got the job. It wouldn't be allowed.

The timekeeping thing? No, not sure if anything has been said to anyone else. I've told her to try and get any instructions, expectations in writing if possible, and always ask for written clarification. It might help later if she needs to show some evidence

why not?

These people are still employed and it will most likley be in their contracts(they used to do the work anyway).

getmore4less

rxp wrote: »

This is a bizarre situation and I can't understand what the employer is hoping to acheive. I agree with the suggestion that she write to her line manager asking what duties she should be performing.

If they say that no duties are available and no duties will be forthcoming (i.e. this isn't a temporary problem), then I think that would be a pretty good basis for a constructive unfair dismissal claim. But making it involves your friend walking away from a job for the prospect of recoving her notice pay plus a few months' extra pay (up to a year's salary) after a costly, risky and difficult employment tribunal claim.


(This assumes she has 2 years' service - otherwise all she can hope to recover is notice pay.)


If I was your friend I would just stick it out while trying my hardest to find a new role.

Gettting a documented trail of little or no work makes sense.

I seem to recall that there may be another angle on this regards not having any work and it may be possible to persue a redundacny claim which is likely to be easier than a constructive dismissal one(because you don't have to leave).

Not sure I can find any relevent links

I think this is one for an expert, http://www.redundancyforum.co.uk/ might be a good place to try.

rxp

getmore4less wrote: »

I seem to recall that there may be another angle on this regards not having any work and it may be possible to persue a redundacny claim which is likely to be easier than a constructive dismissal one(because you don't have to leave)..

An employee can't make themselves redundant. Either they are constructively dismissed because their employer has committed a repudiatory breach of their employment contract (here, that might be a breach of the implied term of trust and confidence through the employer's failure to provide work coupled with their bullying actions), or the employee resigns, or the employee is dismissed. Assuming the employee has the right to claim unfair dismissal, the dismissal will be unfair unless the reason for the dismissal falls within certain categories. One of those categories is redundancy.


I agree it looks like the employee's role is redundant - and it's a mystery why the employer doesn't just say that and pay them notice + statutory redundancy pay. But if they choose not to do that, the employee is not entitled to force them to!