Any Solicitors on here that deal with employment contracts!!!!!!!!!
16 December 2008, 11:59 PM
#31
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I am not a lawyer but I am an employer of people so have a rough idea.
Termination of the contract as of the 8/12/2008 means that she is redundant from her job, there are rules that have to be followed with a redundancy and as she is now redundant they cant technically employ someone else to do the job (otherwise the role is not redundant)
She is entitled to be paid for her notice period and to receive any outstanding holiday pay.
In theory they should pay her for three months, she doesnt work and then comes back to the new contract (that is unlikely to happen btw as theory and practise.
Most tribunal claims companies work on no win no fee, call them up and run it by them, see if there is a tribunal claim as that will give you an idea as to the legality of the employers actions and its free advice.
Termination of the contract as of the 8/12/2008 means that she is redundant from her job, there are rules that have to be followed with a redundancy and as she is now redundant they cant technically employ someone else to do the job (otherwise the role is not redundant)
She is entitled to be paid for her notice period and to receive any outstanding holiday pay.
In theory they should pay her for three months, she doesnt work and then comes back to the new contract (that is unlikely to happen btw as theory and practise.
Most tribunal claims companies work on no win no fee, call them up and run it by them, see if there is a tribunal claim as that will give you an idea as to the legality of the employers actions and its free advice.
17 December 2008, 12:03 AM
#32
I think that sums up your negative approach to the person who is undertaking a simple business transaction and paying your missus for her services.
Business are not run FOR employees or BY employees. Quit whining - just buy a hotel and do as you want as this hardly sounds like exploitation to me
Maybe I seem harsh (???), but to contextualise I had to change the rota of 25 staff recently to start an hour later and so finish an hour later. Christ the fuss, whining and shennanigans!!! At least it made the business solvent (not a thing they cared about really, in their own short term selfish little world...)
D
Business are not run FOR employees or BY employees. Quit whining - just buy a hotel and do as you want as this hardly sounds like exploitation to me
Maybe I seem harsh (???), but to contextualise I had to change the rota of 25 staff recently to start an hour later and so finish an hour later. Christ the fuss, whining and shennanigans!!! At least it made the business solvent (not a thing they cared about really, in their own short term selfish little world...)
D
I see where you are coming from, and call it selfish if you want, but at the same time as a mere worker(and remember some people are paid crap and expected to think work is top priority) we have lives away from work, and usually people take on jobs with certain hours/days of work for a reason, and it could be classed as equally inconsiderate of employers to just change that without any consideration of workers personal situations etc.
I accept that businesses don't revolve around staff but they are the ones doing the graft, and a little consideration at times for them goes a long way too.
I personally am more than happy to come in god knows how early for them when needed, I have often worked during days off and holiday unpaid, but say I don't want to stay late(done that for long enough) and all that goes out of the window, and I get treated like **** or forced to do it.
People work to live, not live to work generally, and being reasonable within a workplace should go both ways.
17 December 2008, 12:11 AM
#33
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I see where you are coming from, and call it selfish if you want, but at the same time as a mere worker(and remember some people are paid crap and expected to think work is top priority) we have lives away from work, and usually people take on jobs with certain hours/days of work for a reason, and it could be classed as equally inconsiderate of employers to just change that without any consideration of workers personal situations etc.
I accept that businesses don't revolve around staff but they are the ones doing the graft, and a little consideration at times for them goes a long way too.
I personally am more than happy to come in god knows how early for them when needed, I have often worked during days off and holiday unpaid, but say I don't want to stay late(done that for long enough) and all that goes out of the window, and I get treated like **** or forced to do it.
People work to live, not live to work generally, and being reasonable within a workplace should go both ways.
I accept that businesses don't revolve around staff but they are the ones doing the graft, and a little consideration at times for them goes a long way too.
I personally am more than happy to come in god knows how early for them when needed, I have often worked during days off and holiday unpaid, but say I don't want to stay late(done that for long enough) and all that goes out of the window, and I get treated like **** or forced to do it.
People work to live, not live to work generally, and being reasonable within a workplace should go both ways.
I find (as here) that the kneejerk reaction of employees is often to dig in and be initially hostile and intransigent. They are often rude and dismissive of employers as the 'bad guy; (the guy will all the debts, worry, hassle and stress that seemsto feed their family for little loyalty back...). However its just business... If you are any good walk, and get a better job. It's scary but I have done it three times myself - always for the better.
D
17 December 2008, 10:59 AM
#34
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Hey Diesel,
My wife is brilliant at her job, as I have said before their is not a W/E that goes by without the bloody phone ringing, and my wife and her friend are the 2 longest serving members there, Lorraine has worked there 22 years and Sally 20 years, about 10 years ago this guy wanted them to change and the manager at the time basiclly said if it ain't broke don't fix it and nothing more was said or done until last Monday when Lorraine was asked to go and see him and he told her that the new rota may come into force BUT at no time did he tell her that her contract she signed back in 1995 was going to cease that day, So you might understand why she is a little p!ssed off, The letter arrived on Tuesday of this week and she was expected to sign it and return it for this coming Friday, They have a new manager who as he put it has been put their to shake the tree and see who falls out, Lorraine has her own buissness outside work as a wedding florist a buissnes that we have built up over the last 2 years and as you might gather most people get married at the W/E's so she needs her W/E's free sadly it is not at the point where she can tell them to stick it where the sun don't shine, although I have told her to do that, yeah it might be tough for a few months but we would manage, but as Lorraine and Sally have said they have worked there to long and too bloody hard just to be pushed out, They did it to a member of reception staff 2 months ago she had been there 7 years it seems to me they treat people like **** and expect to get away with it, well I'm sorry you don't treat my wife like ****, she has saved them thousands of pounds per year by being the in house florist and she gets treated like this
You say that they are being hostile far from it all they want is it to be fair right across the board and to be paid management rate, if you were to meet my wife you would find she is far from hostile all she wants is everyone to be treated fairly and not have all the work put upon themselves
Cheers
Colin
My wife is brilliant at her job, as I have said before their is not a W/E that goes by without the bloody phone ringing, and my wife and her friend are the 2 longest serving members there, Lorraine has worked there 22 years and Sally 20 years, about 10 years ago this guy wanted them to change and the manager at the time basiclly said if it ain't broke don't fix it and nothing more was said or done until last Monday when Lorraine was asked to go and see him and he told her that the new rota may come into force BUT at no time did he tell her that her contract she signed back in 1995 was going to cease that day, So you might understand why she is a little p!ssed off, The letter arrived on Tuesday of this week and she was expected to sign it and return it for this coming Friday, They have a new manager who as he put it has been put their to shake the tree and see who falls out, Lorraine has her own buissness outside work as a wedding florist a buissnes that we have built up over the last 2 years and as you might gather most people get married at the W/E's so she needs her W/E's free sadly it is not at the point where she can tell them to stick it where the sun don't shine, although I have told her to do that, yeah it might be tough for a few months but we would manage, but as Lorraine and Sally have said they have worked there to long and too bloody hard just to be pushed out, They did it to a member of reception staff 2 months ago she had been there 7 years it seems to me they treat people like **** and expect to get away with it, well I'm sorry you don't treat my wife like ****, she has saved them thousands of pounds per year by being the in house florist and she gets treated like this
You say that they are being hostile far from it all they want is it to be fair right across the board and to be paid management rate, if you were to meet my wife you would find she is far from hostile all she wants is everyone to be treated fairly and not have all the work put upon themselvesCheers
Colin
17 December 2008, 11:47 AM
#35
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"Anyhows Lorraine and Sally(her friend) have been onto ACAS this morning and have been told their is sod all they can do about it"
From what you've told us it sounds like she does have a leg to stand on, and quite a good one. I doubt ACAS would be giving out incorrect info so lets get some stuff clear before we continue:
1) Has she been fired until March with no notice given?
2) Has her contract been terminated but she is expected to work until March when she will get a new contract?
3) If she was fired, what notice period was she given?
4) Is the same company taking over her new contract, does it mention anything about a new company or is it on different headed paper to her original contract?
5) What does her original contract say about termination or change of hours/times?
J
From what you've told us it sounds like she does have a leg to stand on, and quite a good one. I doubt ACAS would be giving out incorrect info so lets get some stuff clear before we continue:
1) Has she been fired until March with no notice given?
2) Has her contract been terminated but she is expected to work until March when she will get a new contract?
3) If she was fired, what notice period was she given?
4) Is the same company taking over her new contract, does it mention anything about a new company or is it on different headed paper to her original contract?
5) What does her original contract say about termination or change of hours/times?
J
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