recourse against employer? Any legal specialists here?
Discussion
Was wondering if anyone here is good with legal issues around companies? I need a bit of advice with reference to my wife's employer.
Basically the company she works for has a reputation for not exactly following the letter of the law, yesterday an employee was told they were no longer needed, the work just wasn't there for them, pack your bags and go. No notice, no nothing. In fact I know that the reason no work was there was because they decided they didn't like him and have been hiding the work with others to make it appear that way. The company NEVER gives employees contracts no matter how many times they are requested, they deny the right to holiday, withdraw holiday and pay if any time is taken off sick, even if it's totally unaviodable (like hospital ops!). They also actively follow the contstructive dismal route as an easy way out, making a persons life absolute hell till they quit, making them work in unfit surroundings - well I could go on all day but I think you get the idea.
I have good reason to think there may be trouble ahead, and I want to be ready and prepared to get this company exactly what it deserves, or at least not let them get away with their usual antics when it comes to my better half.
Basically the company she works for has a reputation for not exactly following the letter of the law, yesterday an employee was told they were no longer needed, the work just wasn't there for them, pack your bags and go. No notice, no nothing. In fact I know that the reason no work was there was because they decided they didn't like him and have been hiding the work with others to make it appear that way. The company NEVER gives employees contracts no matter how many times they are requested, they deny the right to holiday, withdraw holiday and pay if any time is taken off sick, even if it's totally unaviodable (like hospital ops!). They also actively follow the contstructive dismal route as an easy way out, making a persons life absolute hell till they quit, making them work in unfit surroundings - well I could go on all day but I think you get the idea.
I have good reason to think there may be trouble ahead, and I want to be ready and prepared to get this company exactly what it deserves, or at least not let them get away with their usual antics when it comes to my better half.
This is not meant to constitute legal advice.
It would appear that if the same happens to your wife, she would have a claim for either unfair dismissal or wrongful dimissal depending on the exact circumstances. Employers are not allowed to just dimiss an employee as you described unless there has been gross misconduct.
I would contact a good employment lawyer when the time comes (if it comes). I won't advertise or advise on this forum, but if you need legal assistance at the time send me an email and I can point you in the right direction or to my firm.
It would appear that if the same happens to your wife, she would have a claim for either unfair dismissal or wrongful dimissal depending on the exact circumstances. Employers are not allowed to just dimiss an employee as you described unless there has been gross misconduct.
I would contact a good employment lawyer when the time comes (if it comes). I won't advertise or advise on this forum, but if you need legal assistance at the time send me an email and I can point you in the right direction or to my firm.
Being paid monthly by cheque but with proper payslip (at least looks it). Wouldn't surprise me either if there were serious things amis in the company such as NI - She has no contract at all, they refuse to give anyone at the place one. Most of the staff seem to think that's normal in graphics but in all the years I was in design I never came across it or such a dispicable twisted set of employers.
>> Edited by Davi on Tuesday 28th February 14:33
>> Edited by Davi on Tuesday 28th February 14:33
Leave.
It is utter madness for an employer not to have formal employment contracts in place these days.
She should check her payslips to ensure that tax and National Insurance is being operated correctly on her salary. Part of that should entail making sure the PAYE coding being applied to her current salary is correct.
It is utter madness for an employer not to have formal employment contracts in place these days.
She should check her payslips to ensure that tax and National Insurance is being operated correctly on her salary. Part of that should entail making sure the PAYE coding being applied to her current salary is correct.
I'll get my mum to cast her eye over the payslips (accountant) and check that out.
She'd love to leave (and I've been telling her to for 2 years now) but can't until she has alternative employment sorted. She Also doesn't want to move jobs until a current personal circumstance is sorted due to a need for employment history, but I'm hoping that'll be in the next couple of months though at the latest.
Edited due to making no sense first time
>> Edited by Davi on Tuesday 28th February 15:07
She'd love to leave (and I've been telling her to for 2 years now) but can't until she has alternative employment sorted. She Also doesn't want to move jobs until a current personal circumstance is sorted due to a need for employment history, but I'm hoping that'll be in the next couple of months though at the latest.
Edited due to making no sense first time
>> Edited by Davi on Tuesday 28th February 15:07
Do the following:
(1) Keep a record of emails, documents and a diary of goings on.
(2) Write to management whenever they are out of line. Keep a trail of correspondence if you think things are going to sour.
It is not a matter of huge consequence if you don't have a contract. The Tribunal will easily imply one in the circumstances.
Once again, please be clear that this does not constitute legal advice. Before doing anything, contact a solicitor.
Best of luck. Shameful conduct on the part of the company. When they mess with you, make sure you give them a thorough legal going-over.
(1) Keep a record of emails, documents and a diary of goings on.
(2) Write to management whenever they are out of line. Keep a trail of correspondence if you think things are going to sour.
It is not a matter of huge consequence if you don't have a contract. The Tribunal will easily imply one in the circumstances.
Once again, please be clear that this does not constitute legal advice. Before doing anything, contact a solicitor.
Best of luck. Shameful conduct on the part of the company. When they mess with you, make sure you give them a thorough legal going-over.
Make sure you have a legal expenses policy that will cover her for legal costs in the event of a claim for unfair dismissal!!
You can tack these things onto your house insurance for twenty quid or so. They are well worth having. You don't currently have a claim or even any knowledge of a potential claim so I can't see that there would be any difficulty in purchasing the cover now. Most of them have a 60 day period in which you can't claim anyway so get yourself one sharpish if you don't have one already!
You can tack these things onto your house insurance for twenty quid or so. They are well worth having. You don't currently have a claim or even any knowledge of a potential claim so I can't see that there would be any difficulty in purchasing the cover now. Most of them have a 60 day period in which you can't claim anyway so get yourself one sharpish if you don't have one already!
Thanks guys for all the advice, all being noted and actioned on.
Certainly will contact a solicitor when the time comes, this is one of the worst company's I've ever had the displeasure of knowing, and I've known some ropey ones in the past. I think the only reason that she hasn't suffered more already is because her bosses have an idea of my intentions. If the excrement does hit the fan, I intend to take them to task for every single infringement they've ever made.
AdvocatusDiaboli said:
Once again, please be clear that this does not constitute legal advice. Before doing anything, contact a solicitor.
Best of luck. Shameful conduct on the part of the company. When they mess with you, make sure you give them a thorough legal going-over.
Certainly will contact a solicitor when the time comes, this is one of the worst company's I've ever had the displeasure of knowing, and I've known some ropey ones in the past. I think the only reason that she hasn't suffered more already is because her bosses have an idea of my intentions. If the excrement does hit the fan, I intend to take them to task for every single infringement they've ever made.
I spend much of my life training staff in big companies how to act responsibly with performance issues. If I found any part of one of my clients behaving in the manner alleged I'd go potty. This would appear to be a business that hasn't yet realised that the law applies to them, and has done since the tribunals were set up in 1976!
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