Employment Advice Needed

SeduLOUs

She needs to stand up to them and refuse to do it anymore. If she can get a couple of colleagues on board and stand together it will be easier as they aren't realistically going to sack everyone.

Worst case scenario is they do sack her for it but it sounds to me like she'd be a lot better off out of there anyway, even if money will be a bit tight in the short term (health is far more important!).

Re the tribunal thing, it's a 2 year wait for constructive and unfair dismissal, but there's no 2 year rule on wrongful dismissal for fundamental breach of contract which would possibly cover all the breaches of statutory working hours and minimum wage. Might be worth giving ACAS a call to clarify?

Energy needs to be focussed on resolving the situation or getting out one way or another at the moment. Reporting them or going to a tribunal is something you decide about once she's out.

yiddo13

This is the point i've tried making to her. From what I've heard she is invaluable to them, especially at the moment with staff leaving and this computer system being linked strongly to her. I think she is in a strong position, I just hope she has the bottle to do it and she's not in too much of a weak mental state to carry it off.

SeduLOUs

It's not easy to stand up to your employer. It might be easy for us to say it here, but she is the one who has to go in there and say it to them and deal with whatever crap they fire back at her.

Something has to give though. If she can't bring herself to go in and fight them, then I'd strongly advise that she needs to walk away. Whether she gives notice is entirely up to her, but in the circumstances I just wouldn't bother.

She has no hope of finding another job if she's at work all hours and completely worn down. Once she's out she can focus all of her energy on applications and hopefully something will come up soon. If it doesn't it might be hard on the finances, but I'm sure that for her and for you both as a couple you'd be better off with her unemployed than trying to cope with the situation you are currently in.

bugslet

yiddo13 wrote: »

I know exactly what you mean but she seems to think its something she would be ashamed of and that in a way they've "beaten her" so to speak.

Sod that - I'd be heading out of the door so fast you wouldn't see me for dust.

I have a business and someone puts the hours in, they get paid for it, there's no question. She's working for a bunch of cowboys.

yiddo13

Completely agree, thanks for all the comments so far. Appreciate it greatly. One other question to pick people's brains, I've never left a job myself, had the same job all my life so unsure on how holidays would get paid up if she left? Again thanks in advance.

SeduLOUs

yiddo13 wrote: »

Completely agree, thanks for all the comments so far. Appreciate it greatly. One other question to pick people's brains, I've never left a job myself, had the same job all my life so unsure on how holidays would get paid up if she left? Again thanks in advance.

Don't even bother worrying about that yet. Focus on getting out.

On a basic level, leaving mid-year means they would be calculated on a pro-rata basis. If you get 28 days for the year and only work 6 months you would get 14 days. Gov.uk has calculators to work it out precisely for you when you know the leaving date and assuming you know when the holiday year runs to and from and what she's already taken.

Chances are they won't pay any outstanding holiday anyway and you'll have to make a decision as to whether it's high enough value to bother pursuing them over.

yiddo13

Rightio, thanks for that. I'll let you know how she gets on. I think my advice will be to ask for 8:30-5:00 and no longer unless specifically requested with guaranteed pay, or she hands in her notice. But obviously it's ultimately her decision, will let you know. Thanks

bugslet

Yes holidays, pro rata, but it depends when the holiday year begins and ends; ours is in line with the tax year and starts in April. Her Ts & Cs should clarify that point.

yiddo13

1 Jan - 31 Dec they run. She's yet to take the majority of them has she has 10 days booked in next month.

burnoutbabe

whats her job?

My answer would be different if she is bottom rung of the ladder versus head of finance etc, corporate banking trainee etc.

Why can she not have a fixed commitment one day a week that means she has to leave bang on time? and weekend plans already booked which means can't work weekends.