Would I have grounds to claim constructive dissmissal

gettingtheresometime

Another way of looking at the situation is that if the food produced is that bad then people will vote with their feet, no longer come and the establishment close.

Mickey154

Again thanks for your replies. But I am shocked and find it hard to believe that you are all siding with my employer and think what she is doing is acceptable. Ozzuk I can't believe what you are saying. your saying that it's ok for a employer to reduce your hours to zero instead of sacking you, to force you out of your job so they don't have to sack you there for getting out of any legal trouble. That's shocking and a big loop hole.

So if any employer wants to get rid of employee they don't have to sack them they can just reduce there hours and force them out. So no need to sack staff any more and no unfair dismissal cases to worry about.

All of you seem to be saying that employees have no rights and can be treated like dirt and that's fine employer can do this it perfectly fine. Employees are worthless. It's a joke.

Oh and guess what I've not been paid. I was meant to be paid last Friday but no pay recieved. I was promised my pay would be in this morning but nothing. Now she is saying she won't pay me as she wants all money for her self. Her words not mine.

I guess you are all going to say that there is nothing I can do and that this is acceptable too and perfectly legal and that I should walk away and accept loosing over a months wages. Even if I get a new job quick I still have to wait a month or more for first pay. How do I pay bills and keep a roof over my family's head.

Not one of you have answered any of my actual questions or given me any advice. Just siding with my employer and telling me to move on.

I guess I should just move on then and loose my wages. After all I have no rights so there is nothing I can do.

BookmobileBadGirl

You are on a zero hour contract, of course she give you no hours to work

TELLIT01

charlotte1994 wrote: »

Can you call someone to inspect the restaurant? If there are horrible kitchen conditions/no first aid equipment then HSE need to know about it!

Those are my thoughts too, although I would be inclined to find a new job first and then report the situation. If you report it too, any potential new employer might think you were party to the poor / illegal working practices.

sportsarb

With all due respect to everyone, for something as important as this, I’d be asking someone that requires payment for their advice rather than the opinions of people on this forum.

Personally I think your employer has behaved shoddily, that doesn’t matter though, it’s whether it breaks the law. An employment expert would have a good idea whether it does.

TELLIT01

Mickey154 wrote: »

Again thanks for your replies. But I am shocked and find it hard to believe that you are all siding with my employer and think what she is doing is acceptable.

I haven't read anybody siding with her, or saying that what your boss is doing is acceptable. There is a big difference between what people personally feel is acceptable and what would be deemed illegal at tribunal or in court.
They are saying it's not actually illegal to reduce your hours or take on more staff, and have emphasised the difference between the two actions.
People are giving 'real world' answers rather than 'ideal world' answers. They would be doing you no favours by claiming wrongly that you have a strong case for a course of action if that is not the reality.

micky2phones

Hi, have you spoke with ACAS ?

They helped me a few years ago.

Takmon

Mickey154 wrote: »

Again thanks for your replies. But I am shocked and find it hard to believe that you are all siding with my employer and think what she is doing is acceptable. Ozzuk I can't believe what you are saying. your saying that it's ok for a employer to reduce your hours to zero instead of sacking you, to force you out of your job so they don't have to sack you there for getting out of any legal trouble. That's shocking and a big loop hole.

So if any employer wants to get rid of employee they don't have to sack them they can just reduce there hours and force them out. So no need to sack staff any more and no unfair dismissal cases to worry about.

All of you seem to be saying that employees have no rights and can be treated like dirt and that's fine employer can do this it perfectly fine. Employees are worthless. It's a joke.

Well if you agree to a contract that doesn't guarantee any hours then of course they do can this and it's perfectly fair. If you wanted a certain amount of hours per week you should have made sure you got this in your contract or looked for a job somewhere else

Mickey154 wrote: »

Oh and guess what I've not been paid. I was meant to be paid last Friday but no pay recieved. I was promised my pay would be in this morning but nothing. Now she is saying she won't pay me as she wants all money for her self. Her words not mine.

Ofcourse you have a right to be paid for your hours and this can be enforced through the courts but it won't be quick.

Mickey154 wrote: »

I guess you are all going to say that there is nothing I can do and that this is acceptable too and perfectly legal and that I should walk away and accept loosing over a months wages. Even if I get a new job quick I still have to wait a month or more for first pay. How do I pay bills and keep a roof over my family's head.

Well sensible people have some savings built up as an emergency fund to cover situations like this, 3 months living costs should be the bare minimum.

If you don't even have 1 months costs saved up your financial situation is dire and that is due to your poor financial management and nothing to do with your employer.

Mickey154 wrote: »

Not one of you have answered any of my actual questions or given me any advice. Just siding with my employer and telling me to move on.

I guess I should just move on then and loose my wages. After all I have no rights so there is nothing I can do.

Your employer doesn't care about you, your being made to use poor quality food and poor recipes and to top it all off your health is being affected.
Everyone is right you should get out there as quick as you can and find a new job and just let the business fail.

But to be fair to everyone this is the first post you have mentioned not getting paid properly and nobody has told you that not being paid is acceptable, you have just added that bit on now.

Mickey154

Sportsarb thank you. You are right. I only came on this forum as I thought Some one might have been in a similar situation in past and might be able to offer some advice. But was wrong and have Just wasted my time.

Ive made a appointment to see a employment lawyer on Wednesday. My wife's dad has lebt us money to pay for it. Hopefully I will get some proper advice then.

I won't bother posting back here again

pmlindyloo

sportsarb wrote: »

With all due respect to everyone, for something as important as this, I’d be asking someone that requires payment for their advice rather than the opinions of people on this forum.

Personally I think your employer has behaved shoddily, that doesn’t matter though, it’s whether it breaks the law. An employment expert would have a good idea whether it does.

I do agree with this.

It may be that you have a case for arguing that you were on a regular contract not a zero hours contract although the irregularity of your hours may go against this.

Have a read of this:

http://www.safeworkers.co.uk/zero-hours-contracts-explained.html

If you want to argue this case then you are going to need specialist advice. You could google your nearest Citizens Advice and see if they have an employment specialist working there.

However, I also agree that sometimes it is best to walk away and find another job with regular hours and pay. Going to an Employment tribunal could be stressful and the outcome unknown. I am not sure what you wish to achieve through this route as regards your own position.

You have had advice about the other aspects of your employment and how you can report your employer for all her failings and this may be the best route.

I understand your anger about the situation but unfortunately life is unfair. You and your family are the important ones here.