Being sent home from work - no further contact

1940sGal

Apologies as a tad long winded...

I'm asking on behalf of my sister. She is currently an Assistant Manager for Costa, but is employed by a franchise who own several stores in Sheffield, rather than Whitbread.

She got this job in May when she was still with her ex partner and living only a 30 minute commute from Sheffield city centre. They broke up and she moved back home. We live on the other side of Doncaster so now her commute has gone from 30 minutes to 2 hours. She now has to get 2 buses and a train.

Originally she was floating between different stores but for the past few weeks has been in the same one. Her regional manager was sympathetic to her situation but her store manager is not and that's where the major problem has come in.

Last Friday sis asked to speak to the manager about the rotas. She was putting her in to start at 9am on a Sunday, but she can't get in for that since buses don't start early enough. Since then she has also tried putting her in for a 7:30am start on a Sunday. When sis asked to speak to the manager she accused sis of being 'inappropriate'. Now sis is not in any way confrontational, she hates making a scene, so when she said she approached her in a professional manner, I believe her. That's how she is at work.

So she was sent home on Friday and has not been in since because she has had absolutely nothing from the manager. No phone call, no letter explaining why she was sent home. Nothing. She has tried contacting HR/Regional manager but they have just promised to call back and then don't.

Anyway, we're just wondering where she stands now and what action you'd recommend her taking. I've told her to contact ACAS. Surely by law they should have contacted her by now?

Undervalued

With less than two years service she can be dismissed for any reason or no reason at all. Her only entitlement is to a week's notice (unless her contract specifies more) plus any outstanding holiday pay.

The only exception would be if she could claim unlawful discrimination and there is no evidence of that in your post.

She has no entitlement to an explanation as to the reason for her dismissal.

That all assumes she has been dismissed. If she has simply been suspended and they take her back then she is entitled to be paid for the suspension.

sangie595

To add.... We are not, in any case, clear about what her contractual conditions are. Is she actually employed on some form of regular basis - or a zero hours contract where she works the hours that she is told?

And, to be blunt, whilst I have complete sympathy for her situation on a personal basis, it is her responsibility to get to work, not her employers to give her shifts that suit her. It is entirely possible that saying she won't work the shifts she is rota'd to work is the source of the inappropriate behaviour. She's a manager grade. That means that you have to pull your weight at work, and there aren't an abundance of people to replace you when your shift "isn't convenient". I dare say that Sunday morning isn't convenient for anyone. But managers have to take their share of shifts that aren't.

She was sent home on Friday. It's Monday and there was a weekend in between. I think she had to wait and see what happens over the next few days. If she then hadn't been contacted, an email to her manager asking what is happening. Not over the managers head, unless she really wants to get dismissed (assuming she hasn't been). You do not win friends in management by going over their head, and especially not when you want something from them. Being professional and pulling your weight at work includes taking your share of the unpopular shifts. Her relocation, the breakdown of her relationship, or public transport schedules are not the employers fault. Sympathy only takes you so far, and after that you must do your job.

1940sGal

She is not on a zero hours contract and she hasn't been dismissed. At least, if an employer is going to dismiss someone, surely they have to put it in writing at least, whether they give a reason or not.

She hasn't refused to work the shifts she has been rota'd in for. She had no contact to tell her to go back to work and nor has she had any contact from them asking her where she is. She cannot afford to go in to work to be sent home again.

As for the manager working Sunday's, she doesn't. She has also made the rota very obviously biased toward herself, such as giving herself the two weekends off before and after 5 days off she has during the week, whereas she rota'd sis in to work the Sunday before her week off starts.

The argument isn't that sis doesn't want to work Sundays. Sis is very hard working and it takes a lot for her to be off through sickness. She is fine working any day, it's simply a question of start time. This was her dream job but it is being made unreasonably difficult by a manager who refuses to take on board anything her employers have to say or ask for.

It's worth noting that a previous employee tried raising a grievance about this manager but it was dismissed by HR after the manager claimed the employee was prejudiced toward her due to the fact that she (manager) is Eastern European.

My sister takes her job very seriously and it's what she loves doing. She wouldn't continue to trek in to Sheffield, make her days 14 hour days/5 days a week, if she didn't want this job. There is absolutely no question that she pulls her weight. She always has where work is concerned. Nor is she asking for sympathy due to her circumstances.

1940sGal

Also, as for 'going over her head'. This is a manager who told my sister she was being inappropriate simply for asking to talk about the rota, before then sending her home. If it were me, I'd go above her head too. I don't feel any manager at that level is above anyone and that's why regional managers are there.

sangie595

I don't think you are quite hearing what was said. The manager is the manager - if she draws up the shifts to suit herself, that's a privilege of being more senior. It isn't fair perhaps, but that's life - it isn't fair. And I think you need to ditch the idea that the manager refuses to take on board anything the employer had to say with a pinch of salt - according to what you have said they happily dismissed someone based on her say so! But as I said, it wasn't suggested that she simply go back to work. But HR etc., won't work over the weekend. If this happened on Friday, and today is Monday, there is little time there to deal with anything. So give it a couple of days and then contact the manager. But she had only a few months employment, and so she needs to dial the whole situation back - dispensing with her will be easy, and if this is not what she wants then she needs to get back on track and have her manager on board. Because even if the employer now moved her, fine ,- but what if the next manager isn't too keen to take on someone who is being seen as a problem employee? She started in May. It's now only mid August. Becoming perceived as a problem, or someone who hours over the head of their manager, is not a reputation to have gained in three months.

Nobody is suggesting that she's being deliberately difficult or awkward - but sometimes you just have to suck it up, unless you are willing to walk away. If this is her dream job, then keeping her head down is what she needs to do.

IAmWales

I'd suggest you edit out all the identifying information in your first post. Employers don't take kindly to being outed on the internet, and you've told us more than enough for them to track it back to your sister.

stuartJo1989

Tell your sis to move to Sheffield and use the money she earns from her assistant manager role to pay for a cheap flat in the area.

Just checked rightmove.co.uk and a few houseshares knocking around for min of £250 pm

Aside from that, expect her to be managed out of the job if she hasn't already been sacked. Whilst it is unfortunate that she has to commute 2+ hours a day and cannot get in for Sunday shifts, that's what the employer expects.

You can look into whether she can legally opt out of working Sundays, but I think that only applies to a small number of professions.

1940sGal

stuartJo1989 wrote: »

Tell your sis to move to Sheffield and use the money she earns from her assistant manager role to pay for a cheap flat in the area.

Just checked rightmove.co.uk and a few houseshares knocking around for min of £250 pm

Aside from that, expect her to be managed out of the job if she hasn't already been sacked. Whilst it is unfortunate that she has to commute 2+ hours a day and cannot get in for Sunday shifts, that's what the employer expects.

You can look into whether she can legally opt out of working Sundays, but I think that only applies to a small number of professions.

That's very easily said but Sis can't afford a car right now due to some financial woes, she certainly can't afford to rent anywhere. She moved back home precisely because of that instead of getting a flat.

As said previously, its not that she can't get in for Sundays, it's that she can't get in for a certain time on a Sunday. The manager could very easily rota her in for a later start but chooses not to.

stuartJo1989

1940sGal wrote: »

That's very easily said but Sis can't afford a car right now due to some financial woes, she certainly can't afford to rent anywhere. She moved back home precisely because of that instead of getting a flat.

Did you know that there is little to no difference between living with a partner + splitting the bills and living in a house share + splitting the bills.

Sometimes it is much cheaper in a house share as well, because you split bills + rent more than 2 ways...

I get the whole car thing, because they can be really expensive especially if you are a new driver. But I have to dig a bit deeper with these financial woes and the fact that she was living with a partner. Was she paying half of the rent + bills to this person? IF so, refer to my previous two paragraphs about renting. If not, maybe she was a bit of a mooch and set the whole dumping thing up for herself?

As said previously, its not that she can't get in for Sundays, it's that she can't get in for a certain time on a Sunday. The manager could very easily rota her in for a later start but chooses not to.

If she can't get in for her rota'd time on a Sunday then she is LATE, and subject to the disciplinary procedures. If she simply does not turn up then she is refusing to work.

Simple as that.

Wish your sis all the best like, but she really hasn't helped herself here...

ffacoffipawb

1940sGal wrote: »

Apologies as a tad long winded...

I'm asking on behalf of my sister. She is currently an Assistant Manager for Costa, but is employed by a franchise who own several stores in Sheffield, rather than Whitbread.

She got this job in May when she was still with her ex partner and living only a 30 minute commute from Sheffield city centre. They broke up and she moved back home. We live on the other side of Doncaster so now her commute has gone from 30 minutes to 2 hours. She now has to get 2 buses and a train.

Originally she was floating between different stores but for the past few weeks has been in the same one. Her regional manager was sympathetic to her situation but her store manager is not and that's where the major problem has come in.

Last Friday sis asked to speak to the manager about the rotas. She was putting her in to start at 9am on a Sunday, but she can't get in for that since buses don't start early enough. Since then she has also tried putting her in for a 7:30am start on a Sunday. When sis asked to speak to the manager she accused sis of being 'inappropriate'. Now sis is not in any way confrontational, she hates making a scene, so when she said she approached her in a professional manner, I believe her. That's how she is at work.

So she was sent home on Friday and has not been in since because she has had absolutely nothing from the manager. No phone call, no letter explaining why she was sent home. Nothing. She has tried contacting HR/Regional manager but they have just promised to call back and then don't.

Anyway, we're just wondering where she stands now and what action you'd recommend her taking. I've told her to contact ACAS. Surely by law they should have contacted her by now?

Is she in a union at all?