Can a company force staff to attend Christmas Party?

lloydy84

Comms69 wrote: »

I know this is employment boards; but... how long ago was the order made?

You could look at making an updated order

It was in July 2017. At the hearing we were given one hour to go between solicitors and discuss the issues before we entered the court room. My ex's solicitor came initially with a completely unfair proposal.

She returned to my ex with a counter proposal but then did not return until 5 minutes before we were due to enter the room. She'd moved her stance on quite a few things, I then tried again to re negotiate before we went into court, she agreed on some aspects but not on this.

When we were inside the Court room I was informed that if I was not happy with the end result that I could have another date, but also informed this would cost me £1400 - £2400 more and I simply could not afford it. I only had £1700 savings before this, had to borrow £2000 and just couldn't afford to borrow more.

So sadly I agreed to it. I still don't have the kind of money I will need to go through it all again.

Comms69

lloydy84 wrote: »

It was in July 2017. At the hearing we were given one hour to go between solicitors and discuss the issues before we entered the court room. My ex's solicitor came initially with a completely unfair proposal.

She returned to my ex with a counter proposal but then did not return until 5 minutes before we were due to enter the room. She'd moved her stance on quite a few things, I then tried again to re negotiate before we went into court, she agreed on some aspects but not on this.

When we were inside the Court room I was informed that if I was not happy with the end result that I could have another date, but also informed this would cost me £1400 - £2400 more and I simply could not afford it. I only had £1700 savings before this, had to borrow £2000 and just couldn't afford to borrow more.

So sadly I agreed to it. I still don't have the kind of money I will need to go through it all again.

I’m not disputing the advantage of paid for legal advice; but- if the cost puts you off, you are entitled to self-represent.

The cost is then just the cost of the court fees- I think it’s in the region of £400-700 depending on the case.

It’s strange that the negotiation was between solicitors. I say this because in such a case cafcass play the far bigger role.

Was this a consent order?

sangie595

OP. I think you need to be realistic here. If the employer is indeed making this mandatory, then whilst none of us might agree with them on that, you really don't have any legal options. And if you currently can't afford the legal fees of court action, then how will you afford things if you have no job? None of this is about whether we agree with them. It makes no difference what we think.

I can understand some of the issues you might face with the children, but also, I simply cannot believe that the court says you must do this come hell or high water. If you are in hospital, you aren't doing it. If your car breaks down, you aren't doing it. Are you sure that there isn't a slight edit here - as in, if you want you see your children for this time you must pick them up, but if you can't, then you simply don't see them this time? No matter what, no court in the land can mandate over circumstances beyond your control.

And if your employer won't compromise, are you really willing to risk your employment over this? How will you support your children then?

So yes, you and your colleagues can say no and refuse to go. Point blank. If you are ready for the consequences that might ensue, then fine.

What absolutely nobody here can do is give you a formula that says the law supports your refusal. There isn't one.

pmduk

OP, it's not what you want to hear, but might it be best for the child, if you don't have him that weekend?

ryan121

What are they going to do, sack you?:rotfl:

My employer says I have to do a lot of things I don't but I have a feeling they value my work more over me going to a Christmas party.

sangie595

ryan121 wrote: »

What are they going to do, sack you?:rotfl:

My employer says I have to do a lot of things I don't but I have a feeling they value my work more over me going to a Christmas party.

And the problem with that advice is that it isn't your employer. So yes, as we've pinged out, the answer to your question might be "yes". You aren't the one being it won't be.

ryan121

sangie595 wrote: »

And the problem with that advice is that it isn't your employer. So yes, as we've pinged out, the answer to your question might be "yes". You aren't the one being it won't be.

I just find the whole thing strange. This company is a multinational yet they don't understand people have families, people need holiday or just don't like parties?

What a ridiculous way to treat staff and expect them to stay. Companies are finding it harder and harder to retain staff these days, why would you force your staff to do anything they don't need to?

My advice is to phone in sick on the day, presumably you get paid sick days. Tell them you have the flu and encourage others to do the same. Your company needs to learn the hard way.

Call their bluff!

lloydy84

sangie595 wrote: »

OP. I think you need to be realistic here. If the employer is indeed making this mandatory, then whilst none of us might agree with them on that, you really don't have any legal options. And if you currently can't afford the legal fees of court action, then how will you afford things if you have no job? None of this is about whether we agree with them. It makes no difference what we think.

I can understand some of the issues you might face with the children, but also, I simply cannot believe that the court says you must do this come hell or high water. If you are in hospital, you aren't doing it. If your car breaks down, you aren't doing it. Are you sure that there isn't a slight edit here - as in, if you want you see your children for this time you must pick them up, but if you can't, then you simply don't see them this time? No matter what, no court in the land can mandate over circumstances beyond your control.

And if your employer won't compromise, are you really willing to risk your employment over this? How will you support your children then?

So yes, you and your colleagues can say no and refuse to go. Point blank. If you are ready for the consequences that might ensue, then fine.

What absolutely nobody here can do is give you a formula that says the law supports your refusal. There isn't one.

I tried to cover this type of reply already, I guess you did not read it so I will repeat it. Re-read what I have written. I came here seeking advice as to whether my employer had the right to do this. I never asked for any magic bit of legal advice and I think I have been entirely realistic in everything I have said.

For some reason people seem to balloon a simple question into something it is not.. Speaking about losing my job and all sorts of things, when did I ever suggest I would risk my job, are you actually reading what I am typing before you reply? Comms already set the record straight in the very first reply and I have thanked him for that.

I have made it clear that if I am not back to have my children I wont see them that weekend and may have other consequences. This may not seem a big deal to you but is to me.

@ Comms69. In regards to cafcass, they spoke to me, spoke to my ex, spoke to one child (my youngest cannot speak so they could not speak to him), they wrote down my child's wishes, which was for contact to continue as it had once been (110 days a year), and that is what they recommended. That everything goes back to how it once was. Counter to this my ex offered every other weekend and 2 weeks per year during holidays.

Cafcass recommendations (which I supported 100%) were largely ignored/over ruled by the Court and I was given closer to what my ex wanted rather than what cafcass recommended.

It was not a consent order no.

lloydy84

ryan121 wrote: »

I just find the whole thing strange. This company is a multinational yet they don't understand people have families, people need holiday or just don't like parties?

What a ridiculous way to treat staff and expect them to stay. Companies are finding it harder and harder to retain staff these days, why would you force your staff to do anything they don't need to?

My advice is to phone in sick on the day, presumably you get paid sick days. Tell them you have the flu and encourage others to do the same. Your company needs to learn the hard way.

Call their bluff!

Some parts of the business have such a low retention rate it is worse than these in the media, Sports Direct etc. In one part of our business there are only two members of staff that have been employed in the last 5 years that have actually worked for 2 consecutive years and still remain. Something like 39 have come and gone, not including one that lasted 4 hours before walking out last week.

Owain_Moneysaver

ryan121 wrote: »

My advice is to phone in sick on the day, presumably you get paid sick days. Tell them you have the flu and encourage others to do the same. Your company needs to learn the hard way.

Phoning in sick when not sick is gross misconduct (and claiming sick pay would be fraud) and liable for dismissal, if the employer wants to get mean about it.