I need some advise/help.....please!!!!!!!!

Mrs Gus (Doris) · Post by **Mrs Gus (Doris)** » Wed May 28, 2008 1:21 pm

I am having a bit of a problem with my employer(I'm an Estate agent....and before you all groan I do have to earn a living!!!

) and I wondered if anyone on here has any knowledge on employment law etc ???

I've found out a bit of information online but its not majorly clear!

Please help

Thanks guys...(and girls!!)

Post by **SPUDMASHER** » Wed May 28, 2008 1:27 pm

WELL, THIS MIGHT SURPRISE YOU BUT I HAVE JUST DONE EMPLOYMENT LAW AS PART OF MY MASTER DEGREE IN BUSINESS MANAGEMENT. I'LL TRY TO HELP IF I CAN.

MY FIRST PIECE OF ADVICE WOULD BE TO DITCH THE HUSBAND. HE'S A DICK

Lethal · Post by **Lethal** » Wed May 28, 2008 1:28 pm

SPUDMASHER wrote:WELL, THIS MIGHT SURPRISE YOU BUT I HAVE JUST DONE EMPLOYMENT LAW AS PART OF MY MASTER DEGREE IN BUSINESS MANAGEMENT. I'LL TRY TO HELP IF I CAN.

MY FIRST PIECE OF ADVICE WOULD BE TO DITCH THE HUSBAND. HE'S A DICK

Post by **flash gunner** » Wed May 28, 2008 1:28 pm

I was made redundant about 5 years ago and with help from my union i got my situation sorted out during this i did pick up some basic employment laws id be happy to help but my knowledge is limited, its up to you

EDIT... Didnt see the above when i posted Spuddy is probably best person to ask now

Mrs Gus (Doris) · Post by **Mrs Gus (Doris)** » Wed May 28, 2008 1:36 pm

Basically after nearly 18 months of being here(and after continually asking for a written statement of employment and being refused) I got a phone call last night at about 7 to say that they were cutting my hours from an average of 30 hours to 8 hours a week(Saturdays basically!)

Apparently its due to business needs etc but I feel I am being treated badly as I am contractually bound to my childminder and they have given no regard to this.....they have just said that they don't want me in for rest of week until Saturday. I refuse to be a bloody Saturday girl as I have worked bloody hard for them over the last few months.

Don't know what to do next though!??????????

shimmy21 · Post by **shimmy21** » Wed May 28, 2008 1:40 pm

i'm a trainee lawyer - won't be able to give advice but I can help you understand what issues are what in general etc. As it is an employment issue, I suggest you get in touch with FRU. http://www.freerepresentationunit.org.uk
I do voluntary stuff for them whenever i'm free. The reps are mainly students or retired lawyers/teachers but all have been trained to conduct cases which go to tribunals.

Post by **flash gunner** » Wed May 28, 2008 1:40 pm

I actually know something about this..... You dont need a written contract of employment whatever hours, rates of pay etc youve been doing for the previous 3 months is your contract of employment. They can change this but have to give you 3 months notice unless you have agreed to the changes, if you agree then your contract changes from that moment. You can dig your heels in and make them wait 3 months to change you over..... This is my understanding of the situation anyway

Post by **SPUDMASHER** » Wed May 28, 2008 1:44 pm

Well, the fact that you don't have a written contract means very little. When there is no contract (or even if there is but you are working outside of its terms) the hours of work fall into a category known as 'custom and practice'.
What this basically means is that as you have worked those hours for a given period of time then it has been unilaterally accepted that those are your hours of work. The tester would be this, 'What would your bosses reaction have been if you had been late at any time'?
In order to change your hours your boss would have to be able to prove that the change benefits the practice of the business.

more to come but being careful as I'm also at work

Graham Wilkinson · Post by **Graham Wilkinson** » Wed May 28, 2008 2:43 pm

Something like this happened to a friend of mine a few years ago.

She took legal advice and dug her heels in.

The outcome was that they did indeed have to restore her hours for the statutory period. But they made her life a misery while she remained there. And as soon as they legally could, they terminated her contract altogether and refused to give her a decent reference.

I'm sorry, Mrs Gus. I'm sure that's not what you want to hear right now. But it's only fair to warn you about all the possible consequences.

gus ceasar is a legend · Wed May 28, 2008 2:47 pm

I thought this was going to be the usual moan from her about how I am too big etc!

No seriously and advice appreciated!

Post by **SPUDMASHER** » Wed May 28, 2008 3:02 pm

gus ceasar is a legend wrote:I thought this was going to be the usual moan from her about how I am too big etc!

You'll have to fit external doors in your house in future Gus. At least they'll give you an extra 3 inches width and you won't have to keep re-painting them.

Post by **SPUDMASHER** » Wed May 28, 2008 3:13 pm

Final installment online but call me if you still have concerns.

One point to note is that your employer called you at home to deliver this news. They're not allowed to do that! So you have a point of leverage to start with. Unfortunately GW is right about bosses making your life a misery. It is really hard to prove they are as most colleagues won't back you up out of personal fear for their position.

Boss coming gotta go

Charlie! Charlie! · Post by **Charlie! Charlie!** » Wed May 28, 2008 3:31 pm

Don't think they can give a bad reference either - by employing you for 18 months you have obviously performed to the required standard they expected.
They should simply confirm your job title, length of service etc.

green gooner · Post by **green gooner** » Wed May 28, 2008 11:15 pm

Used to do employment law with the CAB about ten years ago so am a bit out of touch now I'm afraid. But by the look of it Spuddy has it nailed.

Employment law in the UK is pretty shit to tell the truth and employers enjoy most, if not all, the aces. Fought my own case about three years ago when my terms and conditions were changed without notice which resulted in arbitration.

Had left the place by then. My former employer produced false documents to back up his case but none had my signature.

Good luck with it Doris

Go get 'em!

mrgnu1958 · Post by **mrgnu1958** » Thu May 29, 2008 8:37 am

SPUDMASHER wrote:WELL, THIS MIGHT SURPRISE YOU BUT I HAVE JUST DONE EMPLOYMENT LAW AS PART OF MY MASTER DEGREE IN BUSINESS MANAGEMENT. I'LL TRY TO HELP IF I CAN.

MY FIRST PIECE OF ADVICE WOULD BE TO DITCH THE HUSBAND. HE'S A DICK

AND he doesnt like my array of pics on here