Being sent home due to no work - and have to make time up?

Being sent home due to no work - and have to make time up?

Author
Discussion

motorbreath

Original Poster:

613 posts

183 months

Sunday 28th November 2010
quotequote all
GeraldSmith said:
I appreciate that you seem to have had a good outcome so no need to do anything, but they sound like they have no clue about employment law or assume that you have no clue. Were you on a fixed term contract? If not there is no concept of your contract 'being up', with three years employment you are a protected employee, they would need a reason to dismiss which could be redundancy but there is a process to follow there. Also you have a right to compassionate leave when you mother died, they don't have to pay you for it though.
You have a good point (well a few, one being I dont have a clue about employment law). I have to admit I made a 'boo boo' in that I read my employment contract along with the employee work guide and it didnt state a term of employment. BUT... when they originaly sent me the contract the covering letter stated it was for 3 years. I did have this lingering in the back of my mind, but couldn't find the letter so thought that it wasn't for a 3 year term. So my fault entirely really. As for not working there any more, I think I got lucky, as Im out of a job that I really disliked, and have been given a opportunity to carry on employment under the same 'name' (top 20 firm) but in a different office, with much better staffing.

PedantLosesGrip

4,106 posts

211 months

Sunday 28th November 2010
quotequote all
Still, take some advice from Acas or similar.

What happens according to your employer at the end of the 3 years?

Custard Test

1,184 posts

210 months

Tuesday 30th November 2010
quotequote all
motorbreath said:
GeraldSmith said:
I appreciate that you seem to have had a good outcome so no need to do anything, but they sound like they have no clue about employment law or assume that you have no clue. Were you on a fixed term contract? If not there is no concept of your contract 'being up', with three years employment you are a protected employee, they would need a reason to dismiss which could be redundancy but there is a process to follow there. Also you have a right to compassionate leave when you mother died, they don't have to pay you for it though.
You have a good point (well a few, one being I dont have a clue about employment law). I have to admit I made a 'boo boo' in that I read my employment contract along with the employee work guide and it didnt state a term of employment. BUT... when they originaly sent me the contract the covering letter stated it was for 3 years. I did have this lingering in the back of my mind, but couldn't find the letter so thought that it wasn't for a 3 year term. So my fault entirely really. As for not working there any more, I think I got lucky, as Im out of a job that I really disliked, and have been given a opportunity to carry on employment under the same 'name' (top 20 firm) but in a different office, with much better staffing.
Please remember for future reference, that after 1 years employment (Contract or not) you have full employment rights. They cant just tell you that they are not going to renew this rather odd 3 year contract with just a 1/2 day notice. If this had happened and they had not offered you an alternative or redundancy payment then it would have been unfair dismissal.

(Well at face value that is what I can see)

worsy

5,813 posts

176 months

Tuesday 30th November 2010
quotequote all
Custard Test said:
motorbreath said:
GeraldSmith said:
I appreciate that you seem to have had a good outcome so no need to do anything, but they sound like they have no clue about employment law or assume that you have no clue. Were you on a fixed term contract? If not there is no concept of your contract 'being up', with three years employment you are a protected employee, they would need a reason to dismiss which could be redundancy but there is a process to follow there. Also you have a right to compassionate leave when you mother died, they don't have to pay you for it though.
You have a good point (well a few, one being I dont have a clue about employment law). I have to admit I made a 'boo boo' in that I read my employment contract along with the employee work guide and it didnt state a term of employment. BUT... when they originaly sent me the contract the covering letter stated it was for 3 years. I did have this lingering in the back of my mind, but couldn't find the letter so thought that it wasn't for a 3 year term. So my fault entirely really. As for not working there any more, I think I got lucky, as Im out of a job that I really disliked, and have been given a opportunity to carry on employment under the same 'name' (top 20 firm) but in a different office, with much better staffing.
Please remember for future reference, that after 1 years employment (Contract or not***) you have full employment rights. They cant just tell you that they are not going to renew this rather odd 3 year contract with just a 1/2 day notice. If this had happened and they had not offered you an alternative or redundancy payment then it would have been unfair dismissal.

(Well at face value that is what I can see)
  • * if the contract is a contract of employment between an individual and an employer directly. This does not affect those employed by a temp agency, or a limited company contract between a "contractor" and another limited company.

Custard Test

1,184 posts

210 months

Tuesday 30th November 2010
quotequote all
worsy said:
Custard Test said:
motorbreath said:
GeraldSmith said:
I appreciate that you seem to have had a good outcome so no need to do anything, but they sound like they have no clue about employment law or assume that you have no clue. Were you on a fixed term contract? If not there is no concept of your contract 'being up', with three years employment you are a protected employee, they would need a reason to dismiss which could be redundancy but there is a process to follow there. Also you have a right to compassionate leave when you mother died, they don't have to pay you for it though.
You have a good point (well a few, one being I dont have a clue about employment law). I have to admit I made a 'boo boo' in that I read my employment contract along with the employee work guide and it didnt state a term of employment. BUT... when they originaly sent me the contract the covering letter stated it was for 3 years. I did have this lingering in the back of my mind, but couldn't find the letter so thought that it wasn't for a 3 year term. So my fault entirely really. As for not working there any more, I think I got lucky, as Im out of a job that I really disliked, and have been given a opportunity to carry on employment under the same 'name' (top 20 firm) but in a different office, with much better staffing.
Please remember for future reference, that after 1 years employment (Contract or not***) you have full employment rights. They cant just tell you that they are not going to renew this rather odd 3 year contract with just a 1/2 day notice. If this had happened and they had not offered you an alternative or redundancy payment then it would have been unfair dismissal.

(Well at face value that is what I can see)
  • * if the contract is a contract of employment between an individual and an employer directly. This does not affect those employed by a temp agency, or a limited company contract between a "contractor" and another limited company.
Yep, sorry I wasn't clear on that.