Employment Advice Needed

elsien

I know it's difficult if she's not feeling well, but she does need to take some responsibility for herself. If other colleagues want to put up with it, that's their choice. Doesn't mean she has to.
(I found myself in a position where I was at work a lot more than I should have been, and became quite unwell. It skews your thinking, and it may only be in retrospect that you realise how much you've let things get out of hand.)
If she doesn't want to see a doctor, she can self certificate for up to 7 days if she needs breathing space. Keeping the place going is neither her nor her colleagues responsibility.

yiddo13

I've tried explaining that to her but feel as if I'm fighting a losing battle. The problem I have is she's having such a tough time at the moment, the last thing I'm trying to do is upset her more, which is obviously very easy given her current situation. I think I'm just going to have to try and take a back seat and pray that a new job comes up before we go on holiday as that is when she's set her deadline of getting one for.

yiddo13

Just a quick update, after one of the other girls on the department handed her notice in. One of the Director's spoke to my partner and after telling her they can't afford to lose her as she is their best member of staff, they have now said she will be able to leave at 6pm at the very latest every day and can use it against them in the future. Hopefully this will provide her with a degree of certainty and comfort going forward.

topaztiger1983

If she refuses and they do sack her at least she should be able to claim JSA, in the short term

That is if you dont work too

SeduLOUs

yiddo13 wrote: »

I found out that her colleagues actually stayed until 5am and because my partner walked out at 4am, they were funny with her yesterday. She just feels powerless to do anything unfortunately.

If she's capable of up and walking out at 4am when she shouldn't be leaving yet, why can't she do the same at 6pm?

Who gives a flying **** if her colleagues are a bit funny with her the next day, at least she'll get a night's kip and not be working for free.

The only reason it's carrying on is because she is letting it.

topaztiger1983

She should not be working for free its just not right, if I am asked to work extra hours I am paid for them hours regardless, and the owner of the business is a tight mother******

SeduLOUs

topaztiger1983 wrote: »

She should not be working for free its just not right, if I am asked to work extra hours I am paid for them hours regardless, and the owner of the business is a tight mother******

Same. If someone asks if I can help out because someone's off sick then I'll do it provided that it's not inconvenient (already had plans) and that I'm either getting paid, or getting time in lieu to take back the following week when it's settled.

If there's a long term staffing issue then that simply isn't my problem.

The ONLY time I hang around late for free is if it's my own fault i.e. because I messed something up that needs fixing, or I personally forgot about a deadline.

FBaby

If her Director was suddenly keen on her not staying after 6pm, I very much doubt she was under that much pressure before to stay until 4am. I had one occasion when I had to stay to work after midnight (from a 9 to 5 job) because of a significant deadline the following day, but even then the company arranged for me to stay in a local hotel. This was a one off and I was encouraged to leave earlier each day the following week to make it up for it.

No offense to you, but if my partner told me that he had to stay that late regularly when in an admin job, I would be very suspicious as to what they were up to.

TBagpuss

good to hear that she has stood up for herself. he 2 year employment rule for claims does not apply where the claim is for unfair dismissal where the reason for the dismissal was that the worker asserted a statutory right- so if she is sacked for refusing to work excessive hours, for refusing to work unpaid so that her averahge wage is below NMW etc then she could still make an unfair dismissal claim, even though she has not ben employed for 2 years

Has the individual asserted a statutory right?
Where an individual asserts a relevant statutory right, or raises a claim to enforce a relevant statutory right, they are protected against dismissal on that basis. The relevant legislation identifies the various statutory rights which are captured by this exception. These include asserting rights under the Working Time Regulations (such as the right to statutory holiday or rest breaks), rights conferred under the Transfer of Undertaking (Protection of Employment) Regulations 2006 and asserting that an unlawful deduction from pay has been made. If such a right has been asserted, and dismissal is for that reason, then the dismissal will be unfair irrespective of length of service.