Employment issue

Will123321

Hello.

I'm facing a bit of uncomfortable situation with my employer. Me and my colleague had a shift to set up a tent, but we could not do it because the tent is designed for 4 people. We stayed whole day and constantly I was asking for extra staff. There wasn't any communication and instructions from the company. And we have finished at around 6pm. After that shift they have decided to adjust the time and pay us only for 5h also implementing new terms and conditions regarding that. I tried to explain them that this is not my fault that we haven't worked, and they have issued me a verbal warning saying that I didn't want to work on that day.

I already opened a case with acas. But could I ask if the employer can do that?

TBagpuss

How many hours were you originally told you would be there for and how many hours were you actually there for.

When you asked for extra staff, did you explicitly tell them that the tent required 4 people to set it up and ask them for instructions? 

Did you in fact manage to get it up, and was this because additional people eventually came or because it was possible, but more difficult, to do it with two people?

Generally speaking, if you are there and wiling and able to work, they would need to pay you, but if they argue that you were there for longer than you had been instructed to be there  it may be different. 
Does your company have a policy setting out the procedures for disciplinary action? It sounds as though you may have grounds both to raise a grievance about their actions and to look at appealing the verbal warning, but do speak to acas and your union first. 

Will123321

"How many hours were you originally told you would be there for and how many hours were you actually there for."

The shift started at 07:00 - and finishes at 18:30, me and my colleague finished at 17:31, which they have adjusted to 12:00 after couple of days.


" When you asked for extra staff, did you explicitly tell them that the tent required 4 people to set it up and ask them for instructions? "

Yes, at least 3 staff, they all know, I texted the person in charge who haven't got back to me on time ( had a meeting today regarding verbal warning, and I was told that I didn't attempted to work, and I didn't work, and they also have said that I should called the person in charge, but not texting)


"Did you in fact manage to get it up, and was this because additional people eventually came or because it was possible, but more difficult, to do it with two people?"

I've been driven the van to the designed place to set up, we couldn't set up the tent as it's at 4 people job, and I even had a new girl on shift who never done such job before. No one came on that day, and I was asking for extra staff. 


" Generally speaking, if you are there and wiling and able to work, they would need to pay you, but if they argue that you were there for longer than you had been instructed to be there  it may be different. "

Yes, I was there and ready to work, after that shift they came up with new rules and they made adjustments on my timetable which adjusted to 12:00 finish, when me and my colleague finished at 17:31.


I'm also really confused with verbal warning letters which they stated that I didn't want to work on the day. And when I have told that I won't drive anymore the van (which is not my role and haven't signed the contract for that), the director threatened me that I have to work there where I'll be told and when.

I've already raised with acas. The employer still refuses to reply me back and pay me for the whole amount of time. 

Undervalued

Will123321 said:

Hello.

I'm facing a bit of uncomfortable situation with my employer. Me and my colleague had a shift to set up a tent, but we could not do it because the tent is designed for 4 people. We stayed whole day and constantly I was asking for extra staff. There wasn't any communication and instructions from the company. And we have finished at around 6pm. After that shift they have decided to adjust the time and pay us only for 5h also implementing new terms and conditions regarding that. I tried to explain them that this is not my fault that we haven't worked, and they have issued me a verbal warning saying that I didn't want to work on that day.

I already opened a case with acas. But could I ask if the employer can do that?

Yes, because ultimately you cannot complain to an employment tribunal about any sanction short of dismissal.

It could potentially be the first step of many that might ultimately lead to dismissal. In the unlikely event that were to happen it would be as well to have everything documented. Obviously follow any internal appeal process but again there is nothing you can do at the moment if they fail to follow proper procedure.

You don't say how long you have been employed? If it is less than two years this is all rather moot as you would have little on no protection in any case.

Will123321

Undervalued said:

Will123321 said:

Hello.

I'm facing a bit of uncomfortable situation with my employer. Me and my colleague had a shift to set up a tent, but we could not do it because the tent is designed for 4 people. We stayed whole day and constantly I was asking for extra staff. There wasn't any communication and instructions from the company. And we have finished at around 6pm. After that shift they have decided to adjust the time and pay us only for 5h also implementing new terms and conditions regarding that. I tried to explain them that this is not my fault that we haven't worked, and they have issued me a verbal warning saying that I didn't want to work on that day.

I already opened a case with acas. But could I ask if the employer can do that?

Yes, because ultimately you cannot complain to an employment tribunal about any sanction short of dismissal.

It could potentially be the first step of many that might ultimately lead to dismissal. In the unlikely event that were to happen it would be as well to have everything documented. Obviously follow any internal appeal process but again there is nothing you can do at the moment if they fail to follow proper procedure.

You don't say how long you have been employed? If it is less than two years this is all rather moot as you would have little on no protection in any case.

Yes, I've been with them around 7 months on 0 hours contract. They also have a policy if you are late even a minute. They deduct you 30minutes from shift. And today have a meeting saying that we are obliged to take work on 0h contract. 

Brie

Do you know if you are insured to drive their van?  Does it need a special license?  I'd be more concerned about that at this point.

Ultimately I would suggest that you should start looking for a new job as this seems unlikely to end well.  If you are on a zero hour contract and the boss doesn't like you you will get exactly that - zero hours.  

Will123321

"Do you know if you are insured to drive their van?  Does it need a special license?  I'd be more concerned about that at this point"

It's 3.5t vans. Not sure about insurance, must be, as they asked copy of my driving licence. 

Will123321

Brie said:

Do you know if you are insured to drive their van?  Does it need a special license?  I'd be more concerned about that at this point.

Ultimately I would suggest that you should start looking for a new job as this seems unlikely to end well.  If you are on a zero hour contract and the boss doesn't like you you will get exactly that - zero hours.  

Would like to take them to court as well, as the boss was rude and threatening me. Is that's a dead end? 

Undervalued

Will123321 said:

Undervalued said:

Will123321 said:

Hello.

I'm facing a bit of uncomfortable situation with my employer. Me and my colleague had a shift to set up a tent, but we could not do it because the tent is designed for 4 people. We stayed whole day and constantly I was asking for extra staff. There wasn't any communication and instructions from the company. And we have finished at around 6pm. After that shift they have decided to adjust the time and pay us only for 5h also implementing new terms and conditions regarding that. I tried to explain them that this is not my fault that we haven't worked, and they have issued me a verbal warning saying that I didn't want to work on that day.

I already opened a case with acas. But could I ask if the employer can do that?

Yes, because ultimately you cannot complain to an employment tribunal about any sanction short of dismissal.

It could potentially be the first step of many that might ultimately lead to dismissal. In the unlikely event that were to happen it would be as well to have everything documented. Obviously follow any internal appeal process but again there is nothing you can do at the moment if they fail to follow proper procedure.

You don't say how long you have been employed? If it is less than two years this is all rather moot as you would have little on no protection in any case.

Yes, I've been with them around 7 months on 0 hours contract. They also have a policy if you are late even a minute. They deduct you 30minutes from shift. And today have a meeting saying that we are obliged to take work on 0h contract. 

Well theoretically you are not but again it is largely a moot point! 

Obviously with a zero hour arrangement the employer is more likely to keep "favoured" employees sweet by giving them first choice on available work.

You have basically no protection apart from potentially making a claim for any unlawful deduction of wages. 

Undervalued

Will123321 said:

Brie said:

Do you know if you are insured to drive their van?  Does it need a special license?  I'd be more concerned about that at this point.

Ultimately I would suggest that you should start looking for a new job as this seems unlikely to end well.  If you are on a zero hour contract and the boss doesn't like you you will get exactly that - zero hours.  

Would like to take them to court as well, as the boss was rude and threatening me. Is that's a dead end? 

Realistically yes other than, as I said above, potentially claiming any unpaid wages.

Will123321

Undervalued said:

Will123321 said:

Undervalued said:

Will123321 said:

Hello.

I'm facing a bit of uncomfortable situation with my employer. Me and my colleague had a shift to set up a tent, but we could not do it because the tent is designed for 4 people. We stayed whole day and constantly I was asking for extra staff. There wasn't any communication and instructions from the company. And we have finished at around 6pm. After that shift they have decided to adjust the time and pay us only for 5h also implementing new terms and conditions regarding that. I tried to explain them that this is not my fault that we haven't worked, and they have issued me a verbal warning saying that I didn't want to work on that day.

I already opened a case with acas. But could I ask if the employer can do that?

Yes, because ultimately you cannot complain to an employment tribunal about any sanction short of dismissal.

It could potentially be the first step of many that might ultimately lead to dismissal. In the unlikely event that were to happen it would be as well to have everything documented. Obviously follow any internal appeal process but again there is nothing you can do at the moment if they fail to follow proper procedure.

You don't say how long you have been employed? If it is less than two years this is all rather moot as you would have little on no protection in any case.

Yes, I've been with them around 7 months on 0 hours contract. They also have a policy if you are late even a minute. They deduct you 30minutes from shift. And today have a meeting saying that we are obliged to take work on 0h contract. 

Well theoretically you are not but again it is largely a moot point! 

Obviously with a zero hour arrangement the employer is more likely to keep "favoured" employees sweet by giving them first choice on available work.

You have basically no protection apart from potentially making a claim for any unlawful deduction of wages. 

Can I also take them to court because they was threatening?